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HomeMy Public PortalAbout10/08/2004v J X u October 1, 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,OCTOBER 8, 2004 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. ArRNMA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting & Public Hearing 9 -17 -04 B. Public Hearing (Budget) 9 -17 -04 C. Public Hearing (Budget) 9 -22 -04 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. November 12, 2004 @ 9 A.M. 2. December 10, 2004 @ 9 A.M. 3. January 14, 2004 @ 9 A.M. 4. February 11, 2004 @ 9 A.M. S. March 11, 2004 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. 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, Revised Plat of Block O and E of Palm Beach Acres for the following: a. 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. b. VARIANCE from the provisions in Section 66- 131(4) prohibiting the extension or enlargement of a nonconforming structure. C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a 238 sq. ft. addition to the existing tennis pavilion. VIII. Reports. A. Urban Design (continued from 6- 11 -04) 1. Dock Size & Placement 2. Boat Size & Placement 3. Hedge Heights B. Town Manager 1. Hurricane Jeanne and Recovery C. Architectural Review & Planning Board 1. Meeting Dates a. October 28, 2004 @ 8:30 A.M. b. November 18, 2004 @8:30 A.M. C. December 16, 2004 @ 8:30 A.M. d. January 27, 2005 @ 8:30 A.M. e. February 24, 2005 @ 8:30 A.M. Page 2 D. Finance Director 1. Financial Report for September 2004 2. Bi- monthly Water Usage E. Police Chief 1. Activity for September 2004 IX. Items for Commission Action. A. Ordinance No. 04/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22, OF THE CODE OF ORDINANCES, NUISANCES, AT ARTICLE I TO INCLUDE A NEW SECTION 22 -3 RELATING TO OBSTACLES TO TRAFFIC AND PARKING, RESCINDING ARTICLE II, RELATING TO DEBRIS, RUBBISH, WEEDS AND WILD GROWTH IN ITS ENTIRETY AND PROVIDING FOR A NEW ARTICLE II RELATING TO UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (second reading and adoption) B. Interlocal Agreement with City of Boynton Beach regarding annexation of adjacent properties. C. Items by Mayor and Commissioners. X. Correspondence. A. Resolution opposing an amendment to the Florida Constitution requiring that every amendment to a city's or County's Comprehensive Plan be subject to a vote of the Respective city's or county's electorate. - Florida League Of Cities. 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 C1 N MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 8, 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. Present and William F. Koch, Jr. Participating: Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch Also Present and William Thrasher Participating: Rita Taylor Edward Allen Digby Bridges Roger Ashcroft Sam Sherer IV. Minutes. Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Lieutenant Agent for GS B & T Tennis Director Town Resident A. Regular Meeting & Public Hearing 9 -17 -04 B. Public Hearing (Budget) 9 -17 -04 C. Public Hearing (Budget) 9 -22 -04 Commissioner Hopkins moved and Commissioner Orthwein seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals Town Manager Thrasher of Variance 700 Wright Way. deferrals, requested to There were no of dd Item VIII.B.2. objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. November 12, 2004 @ 9 A.M. 2. December 10, 2004 @ 9 A.M. 3. January 14, 2004 @ 9 A.M. 4. February 11, 2004 @ 9 A.M. 5. March 11, 2004 @ 9 A.M. Mayor Koch announced these dates. Town Clerk Taylor asked if there were any ex -parte communications to declare. Commissioner Hopkins disclosed that he had spoken with Mr. Starkey, a neighbor of the club several times and Mayor Koch stated that he also had spoken with Mr. Starkey and that he has withdrawn his objection. Mayor Koch asked that all persons who intended to speak please stand to take the Oath. Town Clerk Taylor administered the Oath to Mr. Bridges, Mr. Ashcroft and Mr. Sherer. Regular Meeting & Public Hearing Page 2 Town Commission October 8, 2004 VII. PUBLIC HEARING. A. Applications for Development Approval 1. 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, Revised Plat of Block O and c) E of Palm Beach Acres for the following: Mr. Bridges displayed renderings and a site plan and explained that this is a 238 sq. ft. addition to the existing tennis pavilion with all the materials matching the existing building. He added that the proposed addition would maintain the same setback as the existing structure. Mr. Bridges read and answered all 8 criteria for the variance. He explained that there is no access from the south and the hardship is the topography of the site, that being the abrupt slope of the grade from the building to the tennis courts. Mayor Koch asked if the height of the building would change. Mr. Bridges confirmed that the height of 15 feet would not change. Commissioner Devitt asked the Town Manager if all eight criteria were met for the variances. Town Manager Thrasher stated that the ARPB unanimously recommended approval of the variances and the Level 3 Architectural /Site Plan Review, with the hardship being the topography of the site. Town Clerk Taylor read a letter from Mr. Starkey supporting the addition to the Club and added that a neighbor west of the club came into the Town Hall to look at the plans and had no objection. Mrs. Taylor stated that a neighbor in Delray telephoned for information on the addition and was faxed a copy of the drawing. They had no objection. Commissioner Hopkins stated that he did not have enough information to make a decision and requested to defer the application to the next meeting. Mayor Koch stated that all the materials were presented and a motion would be in order at this time. a. VARIANCE from the provisions in Section 66 -261 to G permit a 238 sq. ft. addition to the existing tennis pavilion which would encroach 19.7' into the required 25 foot rear setback. Commissioner Lynch moved and Commissioner Orthwein seconded to approve a variance based on a finding that all eight criteria have been met with the hardship being the topography of the site. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; NAY, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. b. VARIANCE from the provisions in Section 66- 131(4) prohibiting the extension or enlargement of a nonconforming structure. Regular Meeting & Public Hearing Page 3 Town Commission October 8, 2004 Commissioner Orthwein moved and Commissioner Lynch seconded to approve the variance based on a finding that all eight criteria have been met with the hardship being the topography of the site. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; NAY, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a O 238 sq. ft. addition to the existing tennis pavilion. Commissioner Devitt moved and Commissioner Lynch seconded to approve a Level 3 Architectural /Site Plan Review based on a finding that the 238 sq. ft. addition meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; NAY, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. VIII. Reports. A. Urban Design (continued from 6- 11 -04) Mr. Carleen reminded that the Commission requested simplifying the dock regulations and displayed revised drawings of dock and boat placement. He recommended that there should be one dock and /or boat lift per lot and no dock shall exceed 5' in width. Lots having water frontage on both a cove and the intracoastal shall be allowed 1 dock and /or lift in the cove and 1 dock and /or lift along the intracoastal waterway. In cases with multiple water frontages, owners must treat each frontage according to the appropriate size category. For rounded corner lots, water frontage is determined by midpoint of the arc. Both the dock and any portion or accessory of the boat or dock may not exceed past the docking zone. Boats, docks and lifts shall be parallel to seawall. With regard to dock area lighting, Mr. Carleen recommended light fixtures be installed in a manner that provides safe pedestrian circulation using low voltage lightning with a maximum of 50 watts, mounted no higher than 3' above the dock with a minimum spacing of 10' on center. The fixtures must project downward so as not to allow any light spillage onto adjacent properties. He recommended that no light fixtures be mounted to the seawall. Mr. Carleen recommended that hedges, fences, walls, trees or any obstruction located in the building setback within 15' of the seawall (measured from the landward edge of the seawall cap) shall be no more than 4' tall in all districts. C; Commissioner Orthwein was not in favor of restricting hedge height on the barrier island. Commissioner Devitt suggested that hedge height restriction be limited to Place Au Soleil, since the canals are much narrower than those on the island. Commissioner Lynch stated that in Place Au Soleil, the homes on the end of the canal have no problems viewing the water, but if the hedges are allowed to grow over the bulkhead, the homes in the middle of the canal would have no water view. The Town Manager and Commission thanked Mr. Carleen for the presentation and commented that the boat and dock regulations would be much easier to Regular Meeting & Public Hearing Page 4 Town Commission October 8, 2004 administer. Commissioner Devitt moved and Commissioner Orthwein seconded to adopt the dock lightning regulations. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. 1. Dock Size & Placement O2. Boat Size & Placement Commissioner Devitt moved and Commissioner Lynch seconded to approve the regulations on dock size & placement and boat size and placement. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. 3. Hedge Heights Commissioner Lynch moved and Commissioner Orthwein seconded that hedges in Place Au Soleil within 15 feet of the bulkhead shall not exceed 4' in height. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. B. Town Manager 1. Hurricane Jeanne and Recovery Town Manager Thrasher reported that debris removal related to Hurricane Jeanne is completed. Mr. Thrasher stated the Town may experience problems in the future with breaks in the water system due to loose tree roots. So far, two breaks have been found, and repaired, in the water mains. He added that the payment to Grubbs Environmental Services for debris cleanup is $60,573, which includes equipment, manpower to pickup and haul debris, street cleanup and vehicle rental expenses. He requested that the Commission authorize payment not to exceed $200,000, to be taken from un- appropriated funds from either fiscal year 2004 or 2005. Mr. Thrasher stated that he estimates the reimbursement from FEMA to be 87 M percent of the eligible expense. Commissioner Orthwein moved and Commissioner Lynch seconded to approve payments not to exceed $200,000 to be taken from un- appropriated funds from either fiscal year 2004 or 2005. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. 2. Withdrawal of Variance -700 Wright Way Town Manager Thrasher reported that he received a letter from Mr. Jonathan Bulkeley, new owner of the property at 700 Wright Way, requesting to withdraw his application for a variance and comply with the existing code as outlined in the Land Development Regulations book. G He added that the house is currently under renovation and they have a major water main break on the property. He stated in his letter it would take a month to achieve full compliance. Commissioner Orthwein moved and Commissioner Devitt seconded to approve withdrawal of the variance application with prejudice, and to grant the 30 days for compliance. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. Regular Meeting & Public Hearing Page 5 Town Commission October 8, 2004 C. Architectural Review & Planning Board 1. Meeting Dates a. October 28, 2004 @ 8:30 A.M. b. November 18, 2004 @8:30 A.M. c. December 16, 2004 @ 8:30 A.M. d. January 27, 2005 @ 8:30 A.M. e. February 24, 2005 @ 8:30 A.M. Mayor Koch announced these dates. D. Finance Director 1. Financial Report for September 2004 Mr. Thrasher asked that the report be accepted as submitted if there were no questions. Mayor Koch questioned the $2300 from Arbor Tree, the truck rental costs, the $9500 charges for hurricane expense and the charge from Florida League of Cities. Town Manager Thrasher explained that Arbor Tree service was for tree trimming in between the two hurricanes, the truck rental was for storage of Town material during the hurricanes, the $9500 is for hurricane expense in the event employees need to be paid or miscellaneous expense. The funds have since been recorded and returned to the bank. The charges from FLC are for hotel registration expense for the annual conference. Commissioner Devitt questioned if $9500 is enough for expense during an emergency. The Town Manager did not believe the amount was enough; he suggested there should be enough to cover a full payroll. Mr. Thrasher recommended that once every three years, a member of the police department and himself attend a hurricane conference so the Town could be more up to date on current events and findings relating to a disaster. Commissioner Devitt moved and Commissioner Lynch seconded to approve the financial report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. 2. Bi- monthly Water Usage This item was made a part of the official record. n E. Police Chief �J 1. Activity for September 2004 Lieutenant Allen asked that the report be accepted as submitted, if there were no questions. He added that the traffic contact incidents are low due to officers being at checkpoints during the hurricane curfew. IX. Items for Commission Action. A. Ordinance No. 04/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22, OF THE CODE OF ORDINANCES, NUISANCES, AT ARTICLE I TO INCLUDE A NEW SECTION 22 -3 RELATING TO Regular Meeting & Public Hearing Town Commission Page 6 October 8, 2004 OBSTACLES TO TRAFFIC AND PARKING, RESCINDING ARTICLE II, RELATING TO DEBRIS, RUBBISH, WEEDS AND WILD GROWTH IN ITS ENTIRETY AND PROVIDING FOR A NEW ARTICLE II RELATING TO UNSIGHTLY, UNSAFE OR UNSANITARY CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN O EFFECTIVE DATE. (second reading and adoption) Town Clerk Taylor read Ordinance 04/4 by title. Mayor Koch asked if there were any comments from the public. Commissioner Lynch moved and Commissioner Orthwein seconded to adopt Ordinance No. 04/4. There were no comments from the Public. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. B. Interlocal Agreement with City of Boynton Beach regarding annexation of adjacent properties. Commissioner Devitt commented that the agreement looks good. Commissioner Orthwein moved and Commissioner Devitt seconded to approve the Interlocal agreement with City of Boynton Beach regarding the annexation of adjacent properties and approving Resolution 04 -12. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. C. Items by Mayor and Commissioners. Mayor Koch commented that the County Commissioners are stalling on deciding the location of the Scripps project. The Commissioners agreed that the Scripps project would be beneficial to Palm County and agreed that a resolution or letter should be prepared urging the County Commissioners to select a site in Palm Beach County for the site. Commissioner Orthwein moved and Commissioner Lynch seconded to authorize the Town Clerk to prepare a resolution or letter urging the County Commissioners to select a site in Palm Beach County for the Scripps project. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. The Commissioners discussed the placement of generators and decided that C, provisions should be written into the Code regarding placement and noise level. The Commission directed Staff to contact Urban Design Studio to ascertain if they could assist with this matter. X. Correspondence. A. Resolution opposing an amendment to the Florida Constitution requiring that every amendment to a city's or County's Comprehensive Plan be subject to a vote of the Respective city's or county's electorate. - Florida League Of Cities. 30 CJ Regular Meeting & Public Hearing Town Commission Page 7 October 8, 2004 Town Clerk Taylor stated that she did not prepare a resolution but if the Commission wishes, she would have one ready for the next meeting. Commissioner Orthwein moved and Commissioner Lynch seconded to authorize the Town Clerk to prepare a resolution supporting the opposition to an amendment to the Florida Constitution requiring that every amendment to a City's or County's Comprehensive Plan be subject to a vote of the respective city's or county's electorate. - Florida League of Cities. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. XI. Public. There were none. XII. Adjournment. Mayor Koch adjourned the meeting at 11:00 A.M. Yv nne E. Eckert, CMC Deputy Town Clerk