HomeMy Public PortalAbout09/28/1992 * Public HearingCORRECTION NOTICE
There is an error in the date on the PUBLIC HEARING AGENDA
that was prepared and distributed on September 21, 1992.
THE DATE OF THE PUBLIC HEARING IS MONDAY, SEPTEMBER 28, 1992
AT 5:01 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
Rita L. Taylor
Town Clerk
X
O
PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM
ON MONDAY, SEPTEMBER 28, 1992 AT 5:01 P.M. IN THE COMMISSION CHAMBERS
OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I.
Call
to Order
Mayor Koch called the
meeting to order at 5:01 P.M.
II.
Pledge
of Allegiance
was led by Vice
Mayor Armour
III.
Roll
Call
Present and
Participating:
Also Present and
Participating:
William F. Koch, Jr.
Alan I. Armour
James E. Cross
A. Curtis True, M.D.
Kathleen S. Wallace
E. Scott Harrington
John Randolph
Rita Taylor
William Gwynn
Robert Schultz
Randy Ely
Charles Russell
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
Town Resident
Place Au Soleil Pres.
IV. Ordinances for Second Reading and Adoption
A. #92/2 Enacting A New Code For The Town of Gulf Stream; Providing
For The Repeal Of Certain Ordinances Not Included Therein;
Providing A Penalty For The Violation Thereof;; Providing For The
Manner Of Amending Such Code; And Providing When Such Code And
This Ordinance Shall Become Effective.
Commissioner Wallace moved that Ordinance #92/2 be adopted, seconded by
Commissioner True. There was no comment from the public. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,
and Mayor Koch; AYE.
B. #92/3 Amending Chapter 66 Of The Code Of Ordinance Relating
To Zoning So As To Provide A Restriction On The Size, Color,
Construction And Location Of Real Estate Signs.
Town Manager Harrington recommended that an amendment be made in the
language which would more clearly reflect the intent of the regulations.
He called attention to the sentence "Color of signs shall be a white
background with black, block lettering thereon." He requested that the
word "block" be removed from the sentence and an additional sentence
added, "There shall be no raised lettering." Mr. Harrington stated that
the intent had been that there would be a flat surface and that was not
clearly stated by using the word block. Mr. Harrington further advised
that as a result of the question that was raised from the public at the
last hearing regarding the requirement that the signs must be enclosed in
a metal frame and not exceed a height of more than 4' above gradq as
opposed to having the sign displayed on a post with -an aim attached'
to hold the sign, he had once again raised the question with the ARPB
at their September 23 meeting,as to why they recommended this provision.
He advised that while no formal vote was taken, each member stated that
they believed the metal frame was less obtrusive than the pale with
the arm extended and their objective had been to have signs that are the
least obtrusive.
Mayor Koch passed the gavel to Vice Mayor Koch declaring a conflict in that
the real estate firm with which he is associated is actively engaged in
business within the Town of Gulf Stream.
Town Commission - Public Hearing
September 28, 1992 page 2
Randy Ely pointed out that the ordinance permits only one sign that may
be double sided. He stated that in the past if two real estate firms
had a listing on the same property, the name of one firm would be on one
side of the sign and the name of the other firm would be on the other side.
He questioned if this would be considered as two signs in the new ordinance.
Attorney Randolph stated that the intent is to have one sign structure
and that there be no attachments affixed to it or hanging from it. The
content on the face of the sign is not regulated by this ordinance. Town
Manager Harrington assured that the interpretation will permit both
companies to advertise provided there is only one bracket, or frame.
Commissioner Cross moved and Commissioner Wallace seconded that Ordinance
#92/3 be adopted with the amendment requested by Mr. Harrington. There
was no further comment from the public. Roll Call: Mrs. Wallace; AYE,
Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE.
Vice Mayor Armour returned the gavel to Mayor Koch.
C. #92/4 Amending Chapter 66 Of The Code Of Ordinances Relating
To Zoning So As To Provide That Recreational Equipment Or
Commercial Vehicles Be Parked In A Manner So As To Be Fully
Screened From Off Premise View.
Commissioner Armour questioned if this would prohibit a resident from
having his unit in front of his property in order to load and unload. Mr.
Harrington stated that this ordinance only deals with vehicles that are
being permanently stored on premises and does not change any of the other
provisions. Mr. Charles Russell asked if there was a limit on how many
times a resident could have the unit in full view within a given period.
He was advised that there was a, restriction on the number of times this
could happen.
Commissioner True moved that Ordinance #92/4 be adopted. The motion
was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
D. #92/5 Amending Chapter 66 Of The Code Of Ordinances Relating
To Zoning To Require Landscaping Which Prevents The Exposure
Of Swimming Pools To Off Premise View.
Commissioner Armour questioned if this is intended to screen only the
pool structure or also screen the activety associated with the pool.
Attorney Randolph advised that it was intended to be the pool. Mr. Russell
advised that at the last meeting of the Place Au Soleil Association the
question was raised as to what type of screen material would be permitted.
He was advised that landscaping material is what is usually installed but
walls were also acceptable. Mr. Russell stated that some concern had
Cl been expressed that in the event of a freeze, there would be no leaves
on the plants. Mr. Russell was advised that unless the plants were killed,
the exposure would be of a temporary nature and therefore be permitted.
Commissioner Armour moved and Commissioner Cross seconded that Ordinance
#92/5 be adopted. There was no further comment. Roll Call: Comm.
Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; and Mayor
Koch; AYE.
Town Commission - Public Hearing
September 28, 1992 page 3
E. #92/6 Providing For Occupational Registration Fees.
Commissioner True moved and Commissioner Armour seconded that ordinance
#92/6 be adopted. There was no public Comment. Roll Call: Comm. Wallace;
AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor
Koch; AYE.
F. #92/7 Amending Chapter 66 Of The Code Of Ordinances Relating
To Zoning Regarding Location Of Accessory Uses So As To
Include Provisions For Setbacks For Paving, Decking Or Other
Built -Up Surfaces And For The Location Of Mechanical Equipment.
Commissioner Armour moved that Ordinance #92/7 be adopted. The motion
was seconded by Commissioner True. There was no comment from the public.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm.
True; AYE, and Mayor Koch; AYE.
V. Consideration of Adopted Tentative Millaae Rates and Adopted
Tentative nuggets Lor Yiscai Year 1992 -1993
A. Explanation and Discussion of the percentage by which (if any)
the tentative millage rate exceeds the rolled back rate.
Mayor Koch announced that the tentative millage rate is 1.2% lower than
the rolled back rate.
B. Comment from the Commission and the Public.
There was no additional comment from either the Commission or the public.
VI. Adoption of Final Millage Rates for Fiscal Year 1992 -1993
A. Operating Fund
Commissioner True moved that a final millage rate for the operating fund
be adopted in the amount of $3.2655 per $1,000 of taxable assessed value
as shown on the 1992 Palm Beach County Property Assessment Roll. The
motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE,
Comm. Armour; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE.
B. Debt Service Fund
Commissioner Wallace moved that a final millage rate for the debt service
fund be adopted in the amount of $.8058 per $1,000 of taxable assessed
value as shown on the 1992 Palm Beach County Property Assessment Roll,
seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm.
Armour; AYE, Comm. Cross; AYE, Comm. True, and Mayor Koch; AYE.
VII. Resolutions Adopting Final Millage Rates
A. Resolution #92 -8 Establishing a Tax Levy for the Operating Fund
based on the 1992 Assessment Roll.
Commissioner True moved that Resolution #92 -8 be adopted, seconded by
Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE,
C� Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE.
B. Resolution #92 -9 Establishing a Tax Levy for the Debt Service
Fund based on the 1992 Assessment Roll.
Commissioner Wallace moved the adoption of Resolution #92 -9, seconded by
Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Both resolutions were read in their entirety by the Town Clerk.
Town Commission - Public Hearing
September 28, 1992 page 4
VIII. Adoption of Final Bud ets for Fiscal Year 1992 -1993
A_ (lnorai-inrt F7
Commissioner Wallace moved that the final budget for the operating fund
be adopted in the amount of $1,188,800, seconded by Commissioner Armour.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm.
�) True; AYE, and Mayor Koch; AYE.
B. Enterprise Fund (Water)
Commissioner Wallace moved and Commissioner True seconded that a final
budget be adopted for the water fund in the amount of $254,000.00. Roll
Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True;
AYE, and Mayor Koch; AYE.
IX. Resolution #92 -10 Adopting Budqets for the Operatinq Fund and t
Water Fund,_ and Appropriating Funds for the Fiscal Year 1992 -15
Commissioner Armour moved that Resolution #92 -10 be adopted after it
was : read in it's entirety by the Town Clerk. The motion was
seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Randy Ely asked to be recognized and asked about the status of proposed
Ordinance #92/8 which established regulations for the construction of
beach shade huts. He stated that he understood that they are being
prohibited. Mr. Ely was advised that Ordinance #92/8 was defeated on
first reading on September 14, 1992 and at that time the commissioners
had expressed a desire to revisit this matter at a later time, exploring
the possibility of prohibiting all structures easterly of the dune or
seawall line. Commissioner Wallace assured Mr. Ely that any such proposal
would be studied by the ARPB prior to the Commission taking any action.
Mr. Ely thEnasked what the town is doing to prevent the relocation of the
Coastal Construction Control Line. He was advised that the Town had
notified ocean front property owners of the proposed relocation, had written
to the DNR opposing the relocation, and offered any information that may
be in town files that would be helpful to those leading the movement to
prevent the relocation. Mr. Ely believed the town should take a more
active roll in that the relocation would affect property values. The
Commissioners advised Mr. Ely that the matter had been reviewed several
times and it was felt that ocean front property represents a small
portion of the Town of Gulf Stream and it does not seem right to spend
the taxes from all of the residents to benefit such a small percentage.
Cl Mr. Charles Russell asked how much the outstanding bond issue amounts to
and questioned if the bonds should be called and resold. Mr. Gwynn
explained that this had been investigated and the issue is so small that
it would be more costly to refinance than to pay it out. Mr. Gwynn
offered to furnish Mr. Russell with the bond schedule.
X. Adjournment
Mayor Koch adjourned the meeting at 5:50 P. M. on a motion by Commissioner
Armour which was seconded by Commission Cross with all voting AYE.
Rita L. Taylor
Town Clerk
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I ASI ] \All IIRsI \1111 AIIUUII NAMI \ %All 01 HOAR D.C'Ot IN(1 1.XONINIM10 \.At -'I I IOR I I1. OR (Oki AI I III
KOCH, WILLIAM F., JR. Town Commission
❑I \G AI IPRI \\ IHI HOARD. UOUN('II..C'OMMISSION. AL'I HURII V OR ('Ohl MI I I 1 (M
N 111('11 1 SI'RVF IS A UNIT OF
545 Golfview Drive DA ('11) o ('OUNI'Y ❑ OIIIE.RI.0(AI Acrnct
\A11P OF I'l11 II'IC'AI. SUBDIVISION
Gulf Stream Florida 33483 Town of Gulf Stream
11 (1\ 11111(ll l 111 l OL I RRrn %II 110stl'10N Is:
September 28, 1992 IX EI.EC-IIVE ❑ APPOIN tI(r
WHO MUST FILE FORM 89
This form 1, for use by any person serving at the county, city, or other local level of government on an appointed (s•, elacled board.
council. commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies %who are presented
lvith a cosine conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities tinder the laly when faced with a measure in Which you have a conflict of interest kill car\ areally depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instruction. on this form
before completing the relcrse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding electilc count\, municipal, or other local public office ;MUST ABSTAIN from lotin_• on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure 1lhich inures to the special
gain of a principal (other than a government agency) by 11hom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
,l person holding appointive county, municipal, or other local public office MUST ABSTAIN from Noting on a measure which
-inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by "horn he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or a ritten communisation, v. holler
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• l'ou should complete and file this form ( befor, making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
OF LOCAL OFFICER'S INTEREST
1, — William F. Koch, Jr. , hereby disclose that on September 28, 1992 19
(a) A measure came or will come before my agency which (check one)
x inured to m.� special prisate :gain: or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
by whom I am retained.
At the Public Hearing held by the Town Commission on 9 -28 -92
Ordinance #92/3 was on the agenda for approval on second reading and
for adoption. Inasmuch as this ordinance provides for regulation
of real estate signs in the Town of Gulf Stream and the real estate
firm with which I am associated is actively engaged in business
within the Town, I felt it necessary to declare a conflict.
7
1 Mure L
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
"E FOR K1 HB. 1 -9 1 PAGE'