Loading...
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'