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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 o A ir. IP 3 K Z c ;u A Z N y 2 N y *C � o v� � o 0 0 G � I o X 0 -00 a "d c p o d Q. G n c f i _ a y c n d fo 0. Q fo 0 S h d 0,71 ql o M a' S S,�'.� D O a'n n 'rl c o �, Z. c c's! 40 rSO O n =`G _0 �'m> 0pao0 5.0a ri O =y.o O S n N G N W" G oT�b =� ��E3ri A Co ., CL,a ry S S= S O= E; O = w ti❑ m p cr a CL N C� fM E G G �• e•r e n d Qc = p O f> N S 0.N p C)C -� O m G f tz -n N r' - '." l m' O S = = Q 0.= m 0.S C1.h U 5 �cY ro b O 3 ro b O b7 c � N r a ='td �� rn ry G 7 ►rr s °' 0 c a O. U 5 �cY 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 led b o 5v °� °'c•D on pp N O O O°r. 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