HomeMy Public PortalAbout11/28/1990 * Special MeetingPUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Commission of the Town
of Gulf Stream, Florida at a special meeting to be held on November
28, 1990 at 9:00 A.M. in the Commission Chambers of the Town Hall,
100 Sea Road, Gulf Stream, Florida will have on the agenda the
adoption of the following:
ORDINANCE NO. 90/2: AN ORDINANCE OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
RESCINDING SECEION 2 -2 OF CHAPTER 2 OF THE TOWN CODE OF
ORDINANCES RELATING TO THE EMPLOYEE PENSION PLAN; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
The proposed ordinance noticed here is available to the public at
the following places:
1. Office of the Town Clerk in Town Hall.
2. Notice Board outside of the front entrance to Town Hall.
ALL PERSONS INTERESTED IN THIS MATTER may appear before the
Town Commission at the time and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING,
SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE,
MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. 286.0105, F.S.S.
TOWN OF GULF STREAM, FLORIDA
Dated: November 10, 1990 ._/,7 ter-- -�
Publish: Palm Beach Post -Times Rita L. Taylor, own Clerk
Date of Publication: November 17, 1990
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IN
COMMISSIONERS
WILLIAM F. KOCH, JR., Mayor
ALAN I. ARMOUR, Vice Mayor
JAMES E. CROSS
KATHLEEN S. WALLACE
LAWRENCE E. STAHL
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
November 19, 1990
Town of Gulf Stream Pension Plan #2367
Minutes of Final Meeting
Plan Trustee advised the Administrative Committee that all of
plan year work has been completed through the fiscal year ended
September 30, 1990. Since the termination of the Plan will be
done by the Town Commission and their appointees, there is no
further business to come before this body.
The trustees do hereby dissolve said Committee and return all
records and files to the Town Clerk for safekeeping.
William E. Gwynn, Trustee
I
Brian D. Pfeflet7uat4e
William F. Souder, Trustee
MAIL ADDRESS
100 SEA ROAD
GULF STREAM, FLORIDA
33453
TEL.: GULF STREAM
(407) 276-5116
Town Manager
FRANKLIN E. FLANNERY
November 20, 1990
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
SPECIAL MEETING OF THE TOWN COMMISSION OF GULF STREAM, FLORIDA TO BE
HELD ON WEDNESDAY, NOVEMBER 28, 1990 AT 9:00 A.M. IN THE TOWN HALL OF
GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA.
TDAGENDA
Call to Order
II. Roll Call
III. Items for Commission Action
A. Employee Retirement Plan
1. Ordinance #90/2; Rescinding Section 2 -2 of Chapter 2
of the Town Code of Ordinances relating to the Employee
Pension Plan. (2nd Reading & Adoption)
2. Resolution #90- 8;Providing for a Money Purchase Retirement
Plan for Employees.
3. Resolution #90- 9;Creating a Deferred Compensation Plan for
eligible employees.
B. Ordinance #90/1; An amendment to various sectiors of the Zoning
Ordinance to establish regulations for lots of less than 20,000
sq. ft., maximum lot coverage, minimum landscape percentage,
and to provide that variances expire within 12 months from
the granting.
C. An Ordinance expanding the duties of the Planning Board to
include Architectural Review with a Florida Registered
Architect being included as a member of the body which will be
called "Architectural Review and Planning Commission ".
D. An Ordinance to provide for Historical Preservation and Land-
mark Designations.
E. An Ordinance amending the Zoning Ordinance by adding the
designations of a "Conservation District" and of a "Public
Facilities District ".
F. An Ordinance amending the Zoning Ordinance so as to amend the
application content requirements in the Site Plan Review Process
and the Standards of Review to provide for "wetlands protection"
G. An Ordinance amending the Zoning Ordinance to adopt a "Concur -
rency Management System ".
H. An Ordinance amending Chapter 4 (Building Regulations) to insure
O that all impacted Public Drainage Facilities can operate at
the required level of service standards.
I. An Ordinance to be known as the Recreation & Open Space Ordinanc
J. An Ordinance amending Chapter 4 (Building Regulations) to
provide "Shoreline Protection Requirements ".
K. An Ordinance to be known as the "Native Species and Habitat
Protection Ordinance ".
L. An Ordinance adopting and incorporating by reference the Palm
Beach County "Wetlands Protection Ordinance ".
M. An Ordinance amending Chapter 8 (Offenses & Misc. Provisions)
so as to provide requirements for development of Marinas.
N. An Ordinance amending Chapter 8 (Offenses & Misc. Provisions)
by adding a section to regulate waste disposal from boats in
the Intracoastal Waterway.
O. An Ordinance relating to the use of water for landscape
irrigation.
P. An Ordinance amending Chapters 4 & 8 to include provisions for
"Dune Preservation ".
Q. Selection of Public Hearing Dates.
page 2
AGENDA CONTINUED
November 20, 1990
IV. Emergency Medical Services Update -Town Manager Flannery
V. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT A SPECIAL MEETING,
SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE,
MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. 286.0105, F.S.S.
n
SPECIAL MEETING OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA
HELD IN THE TOWN HALL ON WEDNESDAY, NOVEMBER 28, 1990 AT 9:00 A.M.
Call to Order
The meeting was called to order at 9:00 A.M. by Mayor Koch.
II. Roll Call
Present: William F. Koch, Jr. Mayor
Alan I. Armour Vice Mayor
James E. Cross Commissioner
Lawrence E. Stahl Commissioner
Kathleen S. Wallace Commissioner
Also Present: Franklin E. Flannery
Town Manager
John Randolph
Town Attorney
Richard Brandt
Code Enforcement Officer
William Mayer
Chairman, Planning Bd.
John Breazeale
Task Force Committee
Mary Windle
Town Resident
Phyllis Evans
Town Resident
Dean Hill
Town Resident
Barbara Stenson
Town Resident
Perry O'Neil
Town Resident
Charles Winston
Town Resident & Civic Assoc.
Brian Pfeifler
Town Resident
Wes Francis
Town Resident
Charles Duryea
Town Resident
Charles Velie
Town Resident
III. Items for Commission Action
A. Employee Retirement Plan
1. Ordinance #90/2; Recinding
Section 2 -2 of Chapter 2
of the Town Code of Ordinances
relating to the Employee
Pension Plan. (2nd Reading &
Adoption)
Ordinance #90/2 was read by title. Commissioner
Cross moved and Commis-
sioner Armour seconded that Ordinance #90/2
be adopted. There was no
comment from the public and all voted. AYE on a roll call vote.
2. Resolution #90 -8; Providing for a Money Purchase Retirement
Plan for Employees.
Commissioner Stahl pointed out a conflict in Section 3 of the Resolution
with Appendix B. Attorney Randolph suggested that Section 3 be amended
to read in full "The Town of Gulf Stream by and through officials designated
by the Town Commission, hereby agrees to participate under the Money
Purchase Retirement Plan and to invest all funds held under such plan in
the ICMA Retirement Trust." Mayor Koch directed that the record reflect
that the Town may at any time, change the rate of contribution and also
may drop out of the plan completely. Commissioner Armour moved that
Resolution 90 -8 be adopted as amended, seconded by Commissioner Cross
and all voted AYE by a roll call vote.
3. Resolution #90 -9; Creating a Deferred Compensation Plan
for eligible employees.
Commissioner Wallace moved for adoption of Resolution #90 -9, seconded by
Commissioner Cross and all voted AYE by a roll call vote.
Mayor Koch asked if there were any objections to considering items C. and
D. before considering item B. in that there were those present who had
expressed the desire to participate in the discussion of items C. & D.
There were no objections to this request.
C. An Ordinance expanding the duties of the Planning Board to
include Architectural Review with a Florida Registered
Architect being included as a member of the body which will
be called "Architectural Review and Planning Commission.
Special Meeting Minutes of Town Commission page -2-
Meeting held November 28, 1990
Attorney Randolph explained that the document under consideration was
prepared as a result of recommendations made by the Planning Board at
their meeting of November 7, 1990. Mr. Breazeale, representing the
Task Force Committee, urged support for the proposed Ordinance. Barbara
Stenson, Town Resident favored the adoption of the proposed Ordinance.
Mr. Charles Duryea, Town Resident, suggested that perhaps a bond should
be required prior to issuance of a building permit. Mr. Dean Hill suggestec
that the word "intrusion" should be included in the criteria for approval.
In the discussion it was determined that it may not be possible to have
O an Architect on the board who is a resident in Gulf Stream. With this
in mind, the Town Attorney was instructed to amend the proposed ordinance
to remove the residency requirement.
D. An Ordinance to provide for Historical Preservation and Landmark
Designations.
The Town Clerk explained that the document being considered was the same
document that had been considered several months previously to which
several amendments had been suggested. She added that at Commission
direction, it had been reviewed again by the Planning Board at their
meeting of November 7, 1990. She advised that William Mayer, Chairman
of the Planning Board, was present to discuss his boards recommendation.
Mr. Mayer reported that the Planning Board voted to recommend that there
be a Historical Preservation Ordinance but that Landmark Designations be
made at the request of the property owner, on a voluntary basis.
Mr. John Breazeale, representing the Task Force Committee urged the
adoption of the Ordinance with mandatory landmark designations. He
explained that the Commission would have the final decision as to what
should be landmarked and that the Historical Preservation Ordinance is
actually a tool for the Commission to use. Mr. Breazeale also called
attention to the fact that the proposed Ordinance must have mandatory
landmarking in order to be able to declare the area of AlA with the
large pines a historical district in an effort to preserve the pines
should the Florida Department of Transportation attempt to remove them.
Mary Windle was recognized and offered a copy of an Ordinance from another
part of the country that declared certain roadways or paths,historical
corridors. Attorney Randolph advised he would like to review the document
with the possibility in mind that it might be helpful in Gulf Stream.
Those speaking in favor of an Historical Preservation with Mandatory
Landmark Designations were: Phyllis Evans, Barbara Stenson, Wes Francis,
Perry O'Neil, John Breazeale, and Charles Winston who also represented
the Civic Association.
Mr. Dean Hill felt the landmarking should be voluntary and pointed to the
fact that some of the houses that would qualify as landmarks could not
be modernized without violating the landmark ordinance even to the point
O the owners would be denied air conditioning. Mr. Brian Pfeifler observed
that once an Ordinance is in place, it is there to be enforced. He noted
that while the present Commission might be lenient, others that follow
may not be and therefore he supported a voluntary participation.
Commissioner Wallace stated she was greatly concerned about the demolition
of existing dwellings. She offered language to address the demolition
that had been obtained from the Delray Beach Ordinance and requested that
it be incorporated. Attorney Randolph advised that such language should
most likely be included in the Zoning Ordinance rather than the Historical
Preservation document and stated he would need to review the submission
before a definite reply could be made. Commissioner Stahl felt that there
were actually three issues to consider; the preservation of the trees vs.
the houses; a voluntary participation vs. mandatory landmarking; and
the size of the Ordinance. He suggested these be considered separately.
Special Meeting Minutes of Town Commission page -3-
Meeting held November 28, 1990
There was no objection to this suggestion. Attorney Randolph advised
that he had prepared a subsequent historical preservation ordinance
that had been simplified due to comments made at earlier meetings
but had not distributed same due to the question of voluntary or mandatory
landmarking. He suggested that copies of that be distributed to the
Commission and that each Commissioner mark changes that they would like
to consider and submit them to him for review. The Commission favored
the suggestion. He also advised that he would have to review the options
with regard to protecting the trees and report back. With two of the
three issues raised by Commissioner Stahl having been addressed, Commis-
sioner Stahl moved that the Attorney be authorized to prepare an Ordinance
with the mandatory landmarking concept. Commissioner Wallace seconded
the motion and all voted AYE on a roll call vote.
Commissioner Wallace once again expressed concern that additional
buildings might be demolished before final controls are in place. Commis-
sioner Stahl moved that "zoning in progress" be declared with regard to
any demolition of buildings in Gulf Stream. The motion was seconded by
Commissioner Cross and all voted AYE on a roll call vote.
B. Ordinance No. 90/1; An amendment to various sections of the
Zoning Ordinance to establish regulations for lots of less
than 20,000 sq. ft., maximum lot coverage, minimum landscape
percentage, and to provide that variances expire within 12
months from the granting.
Attorney Randolph advised that this had been placed on first reading on
April 24, 1990 but at that time a number of amendments had been directed
making it necessary that it go back to first reading. Those amendments
were; amending the definition of a single family dwelling to add the
provision that there shall be only one kitchen unit; to provide for twenty -
five percent lot coverage for one and two story houses; and to establish
a maximum height for newly constructed or replacement seawalls abutting
the Intracoastal Waterway of +5 feet above mean sea level. Commissioner
Wallace reminded that she had always been concerned that the proposed
Ordinance permitted a maximum lot coverage of 30% for lots of less than
20,000 sq. feet and referred to data she had prepared from the Town's
Building records to illustrate her point. She further called attention
to the provision that covered patios, porches and /or balconies are not
included in the calculation. Mr. Charles Velie was recognized and he
supported a reduction in the maximum lot coverage provision. He also
urged the Commission to limit the "bulk" of the structures, one method
being to limit the number of square feet on the second story of the
structure. He presented the provisions for this that are in place at
Lost Tree Village for review. Mr. Charles Winston, speaking on behalf of
the Civic Association, supported the reduction of maximum lot coverage to
25% and the inclusion of covered patios, porches and balconies in the
computation. Mayor Koch expressed concern that this would limit the
architectural options and the Town would have the houses all looking very
much alike. Commissioners Stahl and Cross felt that the restriction in
the proposed document that the covered patios, porches and balconies shall
not be enclosed, combined with the provision that there shall be a minimum
of 408 of the entire lot maintained in "green" area justified not counting
the covered patios, porches and balconies in the computation of coverage.
Commissioner Wallace moved that Ordinance No. 90/1 be amended to provide
that the maximum lot coverage for lots of less than 20,000 sq. feet shall
be 25 %. The motion was seconded by Commissioner Cross and all voted AYE
on a roll call vote. Commissioner Armour moved and Commissioner Cross
seconded that Ordinance No. 90/1 be placed on first reading at the Public
Hearing to be held in January, 1991 and all voted AYE.
Special Meeting Minutes of Town Commission
Meeting held November 28, 1990 page -4-
E. An Ordinance amending the Zoning Ordinance by adding the
designations of a "Conservation District" and of a "Public
Facilities District ".
The Town Clerk advised that this was one item of the mandatory "Land
Development Regulations ". Mayor Koch questioned if the permitted uses
that are provided in the Conservation District obligate the Town to
construct improvements. Attorney Randolph advised he would review
this section with that question in mind and report back.
F. An Ordinance amending the Zoning Ordinance so as to amend the
application content requirements in the Site Plan Review
Process and the Standards of Review to provide for "wetlands
protection ".
Attorney Randolph pointed out that this amendment justs adds one more
requirement for the applicant to address when applying for approval of
a site plan and this is another "LDR ".
G. An Ordinance amending the Zoning Ordinance to adopt a "Concur -
rency Management System."
It was explained that this is another "LDR" and that the content had
been approved by the Commission and submitted to the Florida Department of
Community Affairs but now needed to be-adopted by Ordinance.
H. An Ordinance amending Chapter 4(Building Regulations) to insure
that all impacted Public Drainage Facilities can operate at
the required level of service standards.
The Town Clerk advised that the purpose of this was to add additional
requirements mandated to insure that impacted public drainage facilities
can operate at a level of service equivalent to the twentyfour hour /three
year return storm event, another "LDR ".
I. An Ordinance to be know as the Recreation & Open Space Ordinance.
Attorney Randolph explained that this is but another "LDR" needed to
implement the adopted Comprehensive Plan.
J. An Ordinance amending Chapter 4 (Building Regulations) to
provide "Shoreline Protection Requirements ".
It was explained that this was yet another required "LDR" however Comm..
Stahl raised a question regarding whether or not this was meant to mandate
the construction of seawalls when building along the Ocean as well as
the Intracoastal. Attorney Randolph advised he did not believe it should
and that he would review the document and make necessary amendments.
K. An Ordinance to be known as the "Native Species and Habitat
Protection Ordinance ".
Commissioner Stahl stated he realized this was another mandatory "LDR"
but was concerned that all development of over 3� acre would have follow
the provisions of this Ordinance and wondered if the exemption of # acre
or less could be increased. All members of the Commission were in agreement
with this if it is possible. Attorney Randolph stated he would review
the requirements for this provision and make amendments if possible.
L. An Ordinance adopting and incorporating by reference the Palm
Beach County "Wetlands Protection Ordinance ".
Attorney Randolph explained that this is a required "LDR" and inasmuch as
the Town has no wetlands to protect, there was no reason to expend time
and funds to prepare an Ordinance when the County Ordinance covering this
could just be adopted by reference.
M. An Ordinance amending Chapter 8 (Offenses & Misc. Provisions)
so as to provide requirements for development of Marinas.
Mr. Randolph advised that this was also a required "LDR "regardless if
there are marinas or not.
N. An Ordinance amending Chapter 8 (Offenses & Misc. Provisions)
by adding a section to regulate waste disposal from boats in
the Intracoastal Waterway.
EN
Special Meeting Minutes of Town Commission
Meeting held November 28, 1990 page -5-
It was noted that the Town has a provision that there shall be no
living aboard vessels within the Town but the proposed Ordinance also
attempts to control boats passing thru the Town. The Town Clerk advised
this is another "LDR ".
O. An Ordinance relating to the use of water for landscape
irrigation.
The Town Clerk explained that this Ordinance had been prepared for
review in September, 1990 and that the staff had been directed to circulate
copies to the property owners associations and clubs for their comments.
Town Manager Flannery advised that there had been no objections from any
of the property owners associations but the clubs had noted there are no
special provisions for their particular needs. All Commissioners agreed
that the Ordinance should contain the same provisions for golf courses
and tennis courts that are contained in the rationing restrictions as
had been imposed by the South Florida Water Management District.
P. An Ordinance amending Chapters 4 and 8 to include provisions
for "Dune Preservation"
Mayor Koch commented that he would like very much to be able for the Town
to have the control over Dune Preservation and he had hoped when he ask
for the document that it could be accomplished. However, after seeing
what would be required to superceed the County Ordinance, he did not feel
it would be feasible. All Commissioners were in agreement.
Q. Selection of Public Hearing Dates.
Attorney Randolph explained that it will be necessary to hold two public
hearings after 5:00 P.M., two weeks apart, in order to adopt the "LDR's"
and any land development regulations. He suggested that the first and
second readings of the Ordinances take place at these Public Hearings.
The members of the Commission agreed that the first public hearing would
be held on January 7, 1991 at 5:01 P.M. and the second public hearing
would be held on January 21, 1991 at 5:01 P.M.
Ii +I
ices
Town Manager Flannery called attention to the letter from the City
of Delray Beach wherein they offered Emergency Medical Services for an
annual fee of $59,000 provided all fire and rescue services would be
provided by the City of Delray Beach on or before September 30, 1992.
Mayor Koch suggested considering this at a later time as he had heard that
the City of Boynton Beach is considering an offer.
V. Adjournment
The meeting was adjourned by Mayor Koch at 12:20 P.M.
ATTEST:
4
own Clerk-
er
Mayor Koch
Commissioner Armour
Commissioner Cross
Commissioner Stahl
Commissioner Wallace