HomeMy Public PortalAbout07/16/2004July 9, 2004
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Fred B. Devitt III
Robert W. Hopkins II
William A. Lynch
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, JULY 16, 2004 AT 9:00 A.M., IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of June 11. 2004.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. August 13, 2004 @ 9 A.M.
2. September 10, 2004 @ 9 A.M.
3. October 8, 2004 @ 9 A.M.
4. November 12, 2004 @ 9 A.M.
5. December 10, 2004 @ 9 A.M.
6. January 14, 2005 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by John Montgomery, contract
purchaser and Agent for Rustem & Kelly Kupi, the owners
of property located at 3244 N. Ocean Blvd., Gulf Stream,
Florida, which is legally described as Lot 31 and part of
Lot 30 in Gulf Stream Properties subdivision.
a. NORTH OCEAN BLVD. OVERLAY PERMIT to install additional
landscape material within the corridor.
b. SPECIAL EXCEPTION to permit additions, consisting of
1,942 sq. ft. to an existing one -story non - conforming
dwelling, that encroach 1.8 feet into the north side
setback.
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
interior demolition and construct a one -story
addition, entry and garage, consisting of a total of
1,942 sq. ft., to an existing one -story Colonial /Gulf
Stream Bermuda style single - family dwelling.
2. An application submitted by William Wietsma Co.,Inc.,
agents for Margaret Price, owner, and George Dragas,
contract purchaser of the property located at 3210 Polo
Dr., Gulf Stream, Florida, legally described as Lots 16 &
17 Polo Cove Subdivision.
a. LAND CLEARING PERMIT to clear building site.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of a one -story Bermuda style single
family dwelling, pool and cabana consisting of 7,637.6
square feet.
VIII. Reports.
A. Town Manager
B. Human Resources Audit & Compensation /Benefits Mac McDowell
C. Architectural Review & Planning Board
1. Meeting Dates
a. September 23, 2004 @ 8:30 A.M.
b. October 28, 2004 @ 8:30 A.M.
c. November 18, 2004 @ 8:30 A.M.
AGENDA CONTINUED
Page 2
d. December 16, 2004 @ 8:30 A.M.
e. January 27, 2005 @ 8:30 A.M.
f. February 24, 2005 @ 8:30 A.M.
D. Finance Director
1. Financial Report for June 2004
E. Police Chief
l l 1. Activity for June 2004
IX. Items for Commission Action.
A. Amendments to Interlocal Agreements that established the
distribution formulas for the Local Option Gas Tax
1. Amendment #2 to 1993 agreement for the 6 cent
2. Amendment #1 to 1995 agreement for the 5 cent
B. Ordinances
1. NO. 04/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 66 OF THE TOWN CODE OF ORDINANCES RELATING TO
ZONING AT ARTICLE V SITE PLANS, DIVISION 1
ARCHITECTURAL /SITE PLAN REVIEW - LEVELS - 1, 2 AND 3,
SECTION 66 -144 STANDARDS, ITEM (b)(10); PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OR ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE. (second reading & adoption)
2. NO. 04/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 66, ZONING, ARTICLE VII, SUPPLEMENTARY DISTRICT
REGULATIONS, TO INCLUDE A NEW DIVISION 8, WIRELESS
COMMUNICATIONS TOWERS AND ANTENNAS; PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL, OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE. (first reading)
3. NO. 04/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 66, ZONING, ARTICLE IV, ADMINISTRATION, DIVISION
4; NONCONFORMING USES, AT SECTION 66- 131(4); PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE. (first reading)
C. Resolution NO. 004 -08; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA, OPPOSING AN AMENDMENT TO
THE FLORIDA CONSTITUTION THAT WOULD RAISE FLORIDA'S HOMESTEAD
EXEMPTION TO $50,000.
D. Presentation of Proposed Budget for Fiscal Year 2004 -2005
1. Budget Consideration
2. Proposed Millage for 2004 -2005
3. Certification of Rolled Back Millage Rate
4. Date of First Public Hearing Toward Budget Adoption
5. Date of Second Public Hearing for Final Budget Adoption
E. Items by Mayor and Commissioners.
X. Correspondence.
A. Resolution No. 35 -2004 withdrawing from the Palm Beach
Countywide Beaches and Shores Council- Village of North Palm
Beach.
XI. Public.
XII. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS 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. F.S.S. 286.0105
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf
Stream, Florida, at a public hearing to be held on Friday, August 13,
2004, 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 004/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF
i GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66,
ZONING, ARTICLE VII, SUPPLEMENTARY DISTRICT REGULATIONS, TO INCLUDE
A NEW DIVISION 8, WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
ORDINANCE 004/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66,
ZONING, ARTICLE IV, ADMINISTRATION, DIVISION 4, NONCONFORMING USES,
AT SECTION 66- 131(4); PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AND EFFECTIVE DATE.
The proposed ordinance noticed here is available to the public at
the Town Hall, 100 Sea Road, Gulf Stream, Florida.
ALL PERSONS INTERESTED IN THESE MATTERS 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.
Publish: Palm Beach Post
Date: August 1, 2004
TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor, own Clerk
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MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 16, 2004 AT 9:00
A.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 9 A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor
III. Roll Call.
Tr-e- ent and William F. Koch, Jr. Mayor
Participating: Joan K. Orthwein Vice Mayor
Fred B. Devitt III Commissioner
William A. Lynch Commissioner Via Phone
Absent with
Notice: Robert W. Hopkins II Commissioner
Also Present and William Thrasher
Participating: Rita Taylor
Garrett Ward
John Randolph
John Montgomery
William Wietsma
Mac McDowell
Town Manager
Town Clerk
Police Chief
Attorney Via Phone
Agent for Kupi
Agent for Price /Dragas
HRPC
IV. Minutes of the Regular Meeting of June 11, 2004.
Town Clerk Taylor explained that the discussion at the end of the
last meeting regarding hedge height in the setback from the seawalls was
not included in the minutes; a paragraph was added after the minutes
were sent out. Commissioner Devitt moved and Commissioner Orthwein
seconded that the minutes be approved as circulated with the corrections
and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Thrasher requested to add a time certain Item IX.F.,
Appeal of Town Manager's decision - Taylors -920 Indigo Point -10:00 A.M.
and Item IX.G,. Funding for Road Resurfacing. There were no objections.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. August 13, 2004 @ 9 A.M.
2. September 10, 2004 @ 9 A.M.
C? 3. October 8, 2004 @ 9 A.M.
4. November 12, 2004 @ 9 A.M.
5. December 10, 2004 @ 9 A.M.
6. January 14, 2005 @ 9 A.M.
Mayor Koch announced these dates.
Town Clerk Taylor asked that all persons who intended to speak please
stand to take the Oath. The Town Clerk administered the Oath to Mr.
Montgomery and Mr. Wietsma.
Regular Meeting & Public Hearing
Town Commission
Page 2
July 16, 2004
Town Clerk Taylor asked if there were any exparte communications to
declare. There were none.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by John Montgomery, contract
O purchaser and Agent for Rustem & Kelly Kupi, the owners
of property located at 3244 N. Ocean Blvd., Gulf Stream,
Florida, which is legally described as Lot 31 and part of
Lot 30 in Gulf Stream Properties subdivision.
Mr. Montgomery explained that this is a small renovation consisting of a
new entry, garage and additional landscape material to screen the
property from the street. He explained that the current garage would be
converted into living space.
Mayor Koch commented that he would prefer to see more landscaping along
AlA and he asked if the wall would be eliminated.
Mr. Montgomery stated that he wanted to alter the wall but was told he
couldn't, as it is too close to the property line. He added that he
assumed that the town residents liked the privacy of a wall.
Commissioner Devitt questioned the wall shown on the plan.
Town Clerk Taylor explained that Mr. Montgomery had submitted a letter
on June 8, 2004, to withdraw that request from the application.
a. NORTH OCEAN BLVD. OVERLAY PERMIT to install additional
landscape material within the corridor.
Commissioner Devitt moved and Commissioner Orthwein seconded to approve a
North Ocean Boulevard Overlay Permit based on a finding that the proposed
landscape plantings in front of the existing front wall meets the minimum
intent of the Design Manual and that applicable review standards, and
that the applicant give further consideration to the Mayor's concerns
regarding the wall. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE,
Comm. Orthwein; AYE, and Mayor Koch; AYE.
b. SPECIAL EXCEPTION to permit additions, consisting of
1,942 sq. ft. to an existing one -story non - conforming
dwelling, that encroach 1.8 feet into the north side
setback.
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
a Special Exception to permit construction of additions consisting of
1,942 sq. ft. to an existing one -story non - conforming dwelling, that
encroach 1.8 feet into the north side setback. Roll Call: Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
interior demolition and construct a one -story
addition, entry and garage, consisting of a total of
1,942 sq. ft., to an existing one -story Colonial /Gulf
Stream Bermuda style single - family dwelling.
Regular Meeting & Public Hearing Page 3
Town Commission July 16, 2004
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
a Level III Architectural /Site Plan, based on a finding that the
proposed construction of a one -story addition, entry and garage,
consisting of 1,942 sq. ft. to an existing one -story Colonial /Gulf
Stream Bermuda style single - family dwelling meets the minimum intent of
the Design Manual and applicable review standards with the following
conditions: 1) PBC Health Department approval of the septic system shall
be submitted prior to issuance of a building permit. 2) FDOT driveway
abutting permit shall be submitted prior to Certificate of Occupancy.
Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and
Mayor Koch; AYE.
2. An application submitted by William Wietsma Co.,Inc.,
agent for Margaret Price, owner, and George Dragas,
contract purchaser of the property located at 3210 Polo
Dr., Gulf Stream, Florida, legally described as Lots 16 &
17 Polo Cove Subdivision.
Mr. Wietsma displayed a color rendering and site plan and explained that
he was not present at the ARPB meeting and his associate misspoke
regarding the 40' canopy tree. Mr. Wietsma requested to eliminate the
conditions of approval by the ARPB, one, the new dock shall conform to
the new dock regulations and two, a 40' canopy tree be installed in the
location indicated on the plan. He explained that a 40' tree would not
fit in the location on the plan. He added that several of the original
trees would remain on the property. He requested to submit a revised
landscaping plan to the ARPB. With regard to the dock Mr. Wietsma
stated that there are no dock regulations in place and he requested to
maintain a 15' setback from the side property lines for the dock. Mr.
Wietsma reminded that there is no pile driving after November 30th, and
he is anxious to get the dock approved.
Commissioner Devitt questioned that the survey shows two placements of
the cabana bath. Mr. Wietsma stated that the survey is incorrect; the
cabana is set off center from the pool.
Town Manager Thrasher advised that the ARPB recommended approval with 2
additional conditions.
a. LAND CLEARING PERMIT to clear building site.
Commissioner Orthwein moved and Commissioner Devitt seconded to approve a
Land Clearing Permit. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE,
Comm. Orthwein; AYE, and Mayor Koch; AYE.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of a one -story Bermuda style single
family dwelling, pool and cabana consisting of 7,637.6
square feet.
Commissioner Orthwein moved and Commissioner Devitt seconded to approve
a Level III Architectural /Site Plan based on a finding that the proposed
7,780 sq. ft. one story Bermuda style dwelling meets the minimum intent
of the Design Manual and applicable review standards with the following
conditions: 1) Chain link fence, if utilized, shall be screened on the
outside with landscape material. 2) Gulf Stream Removal Agreement and
Regular Meeting & Public Hearing Page 4
Town Commission July 16, 2004
Driveway permit to be signed prior to issuance of permit. 3) Mechanical
equipment facing Polo Drive shall be fully screened from view with
landscape material. 4) Roof tile shall be white and not just painted
white. 5) Revised landscape plan shall be submitted to the ARPB for
approval prior to CO. 6) Dock shall not extend closer than 15' from
side property lines.
Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and
Mayor Koch; AYE.
VIII. Reports.
A. Town Manager
Town Manager Thrasher reported that the water loss problem still exits.
The meters are read bimonthly and no leaks were found to account for the
the large water loss in the system. The two main meters from Delray
will be tested later in July. The Town Manager stated that Earl Harvel,
the water utility contractor, has checked both sub aqueous supply lines
and did not find a leak.
Mayor Koch suggested waiting for the report from Delray before any more
monies are invested.
Mr. Thrasher advised that the Australian pine trees are scheduled for
trimming within the next two weeks. The trimming would also include
trees that were installed from the ISTEA grant. The Town Arborist C.
Way Hoyt advised that potential damage to the trees could occur, as the
town residents are not maintaining them at a level that is healthy for
the trees, as agreed. Furthermore the Arborist claimed that the grade
of the trees planted was not up to par, and because of that, the trees
need additional care. Mr. Thrasher stated that the cost for the
Australian pines has already been appropriated but he does not have an
amount for the other trimming.
The Commission recommended that a final figure for the trimming of the
other trees be obtained and expressed reservations about maintaining
those trees that resident have been doing.
Town Manager Thrasher reported that the funds for the cost estimate to
bury the lines from Lakeview to Golf View have been forwarded to FPL.
Additionally, the Town Manager has requested a quote from FPL for
Ci preparing an estimate to bury all the cables on AlA.
Mr. Thrasher Reported that the repair of the seawall at the bird
sanctuary had started with three staging area paths cleared so material
could be brought in to backfill the seawall. The seawall contractor
would be bringing in the appropriate application for the Town's
approval.
B. Human Resources Audit & Compensation /Benefits Mac McDowell
The Town Manager introduced Mr. Mac McDowell -Human Resources Audit &
Compensation /Benefits.
Regular Meeting & Public Hearing Page 5
Town Commission July 16, 2004
Mr. McDowell, President of HRPC /Analytical, Brandon, Florida, explained
that the audit is to ensure that the town is up to standards with job
descriptions, applications for employment, work -place safety and health
manual, personnel policy handbook, competitive salaries, compliance with
State, Federal and other laws and regulations. The study involved the
participation of the Town Manager, Police Chief, Town Clerk and several
other staff members. In addition, a review and comparison of
information provided by municipalities in Palm Beach County, numerous
professional agencies /organizations and individuals was utilized.
His presentation was interrupted in order to hear a time certain appeal.
C. 10:00 A.M. Appeal of Town Manager's decision - Taylors.
Town Manager Thrasher explained that the residents at 920 Indigo Point
recently planted a ficus hedge in their front yard within the Town's
right -of -way. The residents were appropriately noticed to remove the
hedge from the right -of -way. The hedge was not removed and the Taylors
Attorney, Mark Osherow, requested that they be heard at the Town
Commission meeting along with their architect, Rick Brautigan. One day
prior to the Town Commission meeting Attorney Osherow faxed a letter
advising that he would be unavailable for the meeting and requested to
reschedule the meeting pending ARPB review.
Attorney Randolph advised that the Commission could deny the appeal and
have the hedge removed from the right -of -way based on the fact that the
residents /attorney were given sufficient notice. Mr. Randolph added
that the Town is liable for anything in the right -of -way.
Commissioner Devitt moved and Commissioner Orthwein seconded to not defer
action given that the applicant /attorney was given sufficient opportunity
to appear and failed to do so. Roll Call: Comm. Devitt; AYE, Comm.
Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
Commissioner Devitt moved and Commissioner Orthwein seconded to deny the
appeal and have the hedge removed from the right -of -way within 3 business
days after the owners are notified by the Town Manager. Roll Call: Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
Mr. McDowell was asked to resume his presentation.
Mr. McDowell stated that his findings demonstrate that because Gulf
Stream is a small municipality, the employees have multiple
responsibilities and he recommended that the Town Manager be given the
authorization to hire and /or adjust staff base pay up to at least 10 %,
J when necessary, as this is consistent with practices of other
municipalities. The overall review and audit show that the Town is in
compliance with major employment laws and regulations. Additionally, Mr.
McDowell recommended a few changes to the Personnel Policy Handbook. The
findings and recommendations in the report are made a part of the
official minutes.
Mayor Koch asked how Gulf Stream compares with other municipalities of
the same character, and if the Town is in compliance with all the major
employment laws and regulations.
Regular Meeting & Public Hearing
Town Commission
Mr. McDowell stated that he did a
in Palm Beach County for salaries
verify that the Town is compliance
laws.
Page 6
July 16, 2004
comparison with all the municipalities
and benefits. He added that he would
with all the major federal and state
The Commission thanked Mr. McDowell for his report.
C. Architectural Review & Planning Board
G1. Meeting Dates
a. September 23, 2004 @ 8:30 A.M.
b. October 28, 2004 @ 8:30 A.M.
c. November 18, 2004 @ 8:30 A.M.
d. December 16, 2004 @ 8:30 A.M.
e. January 27, 2005 @ 8:30 A.M.
f. February 24, 2005 @ 8:30 A.M.
Mayor Koch announced these dates.
D. Finance Director
1. Financial Report for June 2004
Mr. Thrasher asked that the report be accepted as submitted, if there
were no questions and there were none.
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
the financial report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE,
Comm. Orthwein; AYE, and Mayor Koch; AYE.
E. Police Chief
1. Activity for June 2004
Chief Ward asked that the report be accepted as submitted, if there were
no questions, and there were none.
IX. Items for Commission Action.
A. Amendments to Interlocal Agreements that established the
distribution formulas for the Local Option Gas Tax
Town Clerk Taylor explained that the distribution formulas for the Local
Option Gas Tax were established in 1993 and in 1995 between Palm Beach
County and local municipalities. The creation of a new municipality and
the dissolution of an existing municipality negatively impacted the
existing eligible municipalities with no impact on the County in terms
of the current distribution formula. The amendments to the interlocal
agreements would provide sharing between the municipalities and the
County in future creation or dissolution of a new municipality.
1. Amendment #2 to 1993 agreement for the 6 cent
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
Amendment #2 to 1993 agreement for the 6 cent. Roll Call: Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
2. Amendment #1 to 1995 agreement for the 5 cent
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
Amendment #1 to 1995 agreement for the 5 cent. Roll Call: Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
A. Ordinances
Regular Meeting & Public Hearing
Town Commission
Page 7
July 16, 2004
1. NO. 04/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 66 OF THE TOWN CODE OF ORDINANCES RELATING TO
ZONING AT ARTICLE V SITE PLANS, DIVISION 1
ARCHITECTURAL /SITE PLAN REVIEW - LEVELS - 1, 2 AND 3,
SECTION 66 -144 STANDARDS, ITEM (b)(10); PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OR ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE. (second reading & adoption)
Town Clerk Taylor read Ordinance 04/1 by title.
Commissioner Devitt moved and Commissioner Orthwein seconded to adopt
Ordinance No. 04/1. There were no comments. Roll Call: Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
2. NO. 04/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 66, ZONING, ARTICLE VII, SUPPLEMENTARY DISTRICT
REGULATIONS, TO INCLUDE A NEW DIVISION 8, WIRELESS
COMMUNICATIONS TOWERS AND ANTENNAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE. (first reading)
Town Clerk Taylor read Ordinance 04/2 by title.
Commissioner Orthwein moved and Commissioner Devitt seconded to adopt
Ordinance No. 04/2 on first reading. There were no comments. Roll Call:
Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch;
AYE.
3. NO. 04/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 66, ZONING, ARTICLE IV, ADMINISTRATION, DIVISION
4; NONCONFORMING USES, AT SECTION 66- 131(4); PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE. (first reading)
Town Clerk Taylor read Ordinance 04/3 by title.
Commissioner Orthwein moved and Commissioner Devitt seconded to adopt
Ordinance No. 04/3 on first reading. There were no comments. Roll Call:
Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch;
AYE.
C. Resolution NO. 004 -08; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA, OPPOSING AN AMENDMENT TO
THE FLORIDA CONSTITUTION THAT WOULD RAISE FLORIDA'S HOMESTEAD
EXEMPTION TO $50,000.
Town Clerk Taylor read Resolution 04/3 by title.
Commissioner Orthwein moved and Commissioner Devitt seconded to adopt
Resolution No. 04/8. There were no comments. Roll Call: Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
D. Presentation of Proposed Budget for fiscal year 2004 -2005
Regular Meeting & Public Hearing
Town Commission
Page 8
July 16, 2004
1. Budget Consideration
Town Manager Thrasher presented the proposed budget for fiscal year
2004 -2005. He advised that he agrees with the recommendations from
HRPC.
The Commission discussed the budget and the recommendations from the
Town Manager and HRPC. The Commission did not agree with the salary
increases. They directed that the Town Manager cut $20,000 from the
labor costs and $20,000 from the remainder of the budget.
Commissioner Devitt moved and Commissioner Orthwein seconded to cut
$20,000 from the labor costs and $20,00 from the remainder of the
budget. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein;
AYE, and Mayor Koch; AYE.
2. Proposed Millage for 2004 -2005
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
the proposed millage for 2004 -2005 at 3.2651 mills. Roll Call: Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
3. Certification of Rolled Back Millage Rate
Commissioner Devitt moved and Commissioner Orthwein seconded to certify
the rolled back millage rate at 3.3394 mills. Roll Call: Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
4. Date of First Public Hearing Toward Budget Adoption
Commissioner Devitt moved and Commissioner Orthwein seconded to change
the regular meeting of 9 -10 -04 to 9 -17 -04 at 4:00 P.M. and set the date
of the first public hearing toward budget adoption for 9 -17 -04 at 5:01
P.M. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein;
AYE, and Mayor Koch; AYE.
5. Date of Second Public Hearing for Final Budget Adoption
Commissioner Devitt moved and Commissioner Orthwein seconded to set the
date of the second public hearing for final budget adoption for 9 -22 -04
at 5:01 P.M. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Orthwein; AYE, and Mayor Koch; AYE.
E. Items by Mayor and Commissioner
Mayor Koch stated that a voting delegate needs to be appointed for the
Florida League of Cities seminar on August 19, 2004.
Commissioner Orthwein moved and Commissioner Devitt seconded to appoint
the Town Manager as the voting delegate at the Florida League of Cities
seminar on August 19, 2004. Roll Call: Comm. Devitt; AYE, Comm. Lynch;
�j AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
F. Appeal of Town Manager's decision - Taylors.
This Item was heard earlier.
G. Funding for road Resurfacing.
Town Manager Thrasher explained that he has received a bid from
Kilbourne & Sons Asphalt Maintenance, Inc. for milling and resurfacing
various roads in Gulf Stream. He planned to piggy -back the Highland
Beach bid for the repaving. The Town Manager Thrasher requested $35,000
additional for the resurfacing and milling to be taken from
unappropriated funds. He added that the net effect to the fund balance
for this project would be zero (0) dollars.
C
C
Regular Meeting & Public Hearing
Town Commission
Page 9
July 16, 2004
Mayor Koch agreed that the roads need resurfacing with the condition
that he obtains advice with regard to proposed materials from one other
source. Commissioner Orthwein moved and Commissioner Lynch seconded to
authorize $35,000 taken from unappropriated funds for resurfacing the
road with the condition that he obtain advice from one other source.
Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and
Mayor Koch; AYE.
X. Correspondence.
A. Resolution No. 35 -2004
Countywide Beaches and
Beach.
This item was made a part of the
XI. Public. There were none.
withdrawing from the Palm Beach
Shores Council- Village of North Palm
official record.
XII. Adjournment. Mayor Koch adjourned the meeting at 12:10 P.M. with
all voting in the affirmative.
Y onne E. Eckert, C
Ddputy Town Clerk
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and
Planning Board of the Town of Gulf Stream will hold a Public
Hearing on September 23, 2004 at 8:30 A.M., and the Town
Commission will hold a Public Hearing on October 8, 2004 at 9:00
A.M., both in the Commission Chambers of the Town Hall, 100 Sea
LJ Road, Gulf Stream, Florida, at which the following will be
considered: `
An application submitted by Digby Bridges, Marsh &
Associates, agents for The Gulf Stream Bath & Tennis Club,
owners of the property located at 925 N. Ocean Blvd., Gulf
Stream, Florida, legally described as Lots 15, 16, 16A, 17A
and that part of Lot 15A lying south of a line 25 feet south
of the north line of said lot 15A, Revised Plat of Block O
and E of Palm Beach Shore Acres for the following:
1. VARIANCE from the provisions in Section 66 -261 to permit
a 238 sq. ft. addition to the existing tennis pavilion
which would encroach 19.7' into the required 25 foot rear
setback.
2. VARIANCE from the provisions in Section 66- 131(4)
prohibiting the extension or enlargement of a
nonconforming structure
3. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a 238
sq. ft. addition to the existing tennis pavilion.
The Architectural Review and Planning Board shall make a
recommendation to the Town Commission, and the Town Commission
shall make a final decision regarding the subject application at
the meetings noticed above. These meetings may be adjourned from
time to time and place to place as may be necessary to hear all
parties and evidence.
The complete application materials are on file in the Office
of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida
33483, and may be reviewed during regular business hours, which
generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THESE MATTERS may appear before the
Architectural Review and Planning Board and the Town Commission of
the Town of Gulf Stream at the times and place aforesaid and be
heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY
THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS,
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.
Dated: September 7, 2004
Publish: Palm Beach Post
September 12, 2004
September 22, 2004
October 2, 2004
TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor vtown Clerk
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