HomeMy Public PortalAbout10/08/2004v
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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.
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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
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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, 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.
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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