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HomeMy Public PortalAbout12/10/2004MAYOR: VICE MAYOR: COMMISSIONER William F. Koch, Jr. Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch December 3, 2004 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 10, 2004 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. ITelwomm, I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of November 12, 2004. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 14, 2005 @ 9 A.M. 2. February 11, 2005 @ 9 A.M. 3. March 11, 2005 @ 9 A.M. 4. April 8, 2005 @ 9 A.M. 5. May 13, 2005 @ 9 A.M. B. Mayor's Proclamation for Election March 8, 2005. VII. Reports. A. Noise Abatement and Control for Generators -Urban Design B. Town Manager 1. C. Architectural Review & Planning Board 1. Meeting Dates a. December 16, 2004 @ 8:30 A.M. b. January 27, 2005 @ 8:30 A.M. c. February 24, 2005 @ 8:30 A.M. d. March 24, 2005 @ 8:30 A.M. e. April 28, 2005 @ 8:30 A.M. D. Finance Director 1. Financial Report for November 2004 2. Minimum Capitalization Accounting Policy 3. Bi- monthly Water Usage E. Police Chief 1. Activity for November 2004 VIII. Items for Commission Action. A. Ordinances (First Reading) 1. Ordinance No. 04/8; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 14, ELECTIONS, BY INCLUDING A NEW SECTION 14 -6 EXEMPTING THE TOWN FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFIFCATION; PROVIDING AN EFFECTIVE DATE. Page 2 AGENDA CONTINUED 2. Ordinance No. 04/9; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66, ZONING, ARTICLE 1, DEFINITIONS, SO AS TO PROVIDE NEW DEFINITIONS FOR DOCKING ZONE, DOLPHIN CONTROL LINE, SETBACK CENTERLINE AND WATER FRONTAGE; AMENDING ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, AT SECTION 66 -139, DOCKS, SUBPARAGRAPH (6), LOCATION AND DIMENSIONS; AMENDING CHAPTER 70, THE GULF STREAM DESIGN MANUAL, ARTICLE V. AREAWIDE STANDARDS, SECTION 70 -148, PRINCIPLES, SUBPARAGRAPHS (3) AND (4) RELATING TO HEIGHT OF FENCES, WALLS, TREES OR OBSTRUCTIONS LOCATED WITHIN FIFTEEN FEET OF THE SEAWALL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. B. Resolutions 1. 004 -15; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE WATER FUND; PROVIDING AN EFFECTIVE DATE. 2. 004 -16; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE GENERAL FUND; PROVIDING AN EFFECTIVE DATE. C. Items by Mayor and Commissioners. IX. Public. X. 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 10, 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 J Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner Also Present and William Thrasher Town Manager Participating: John Randolph Town Attorney Rita Taylor Town Clerk Garrett Ward Police Chief Allen Borza Urban Design Studios IV. Minutes of the Regular Meeting of November 12, 2004. Commissioner Lynch moved and Commissioner Orthwein seconded that the minutes be approved as circulated and all voted AYE. V were no changes request VI. Announcements. A. Regular Meetings and Public Hearings 1. January 14, 2005 @ 9 A.M. 2. February 11, 2005 @ 9 A.M. 3. March 11, 2005 @ 9 A.M. 4. April 8, 2005 @ 9 A.M. 5. May 13, 2005 @ 9 A.M. Mayor Koch called attention to these meeting dates. B. Mayor's Proclamation for Election March 8, 2005. The Town Clerk read the Proclamation in which it was proclaimed that the purpose of the election is to elect five (5) commissioners who shall hold office for a term of three (3) years beginning on March 11, 2005 and that only qualified registered voters of the Town of Gulf Stream shall be allowed to vote in this selection. It was further proclaimed that voting shall take place at the Town Hall from 7 A.M. to 7 P.M. and any persons desiring to have their names placed on the ballot shall file with the Town Clerk beginning at noon on January 25, 2005 and no later than noon on February 8, 2005, a petition signed by at least 4 qualified electors of the Town requesting such person to become a candidate for such office. This Proclamation shall be posted at the Town Hall at least 30 days prior to the day of election. Town Commission Regular Meeting December 10, 2004 page 2 VII. Reports. A. Noise Abatement and Control for Generators -Urban Design Allen Borza, Urban Design Studio, presented his recommendations with regard to installation of generators in the Town. He recommended the following: 1) The maximum decibel level rating be 72dB(A); 2) Generators may be operated for testing & maintenance purposes one time for a period not to exceed 30 minutes in any 7 day period between the hours of 11 A.M. and 5 P.M. Monday through Saturday, with no operation on federal holidays; 3) Generators with a decibel level equal to or less than 55 dB (A) shall be exempt from hours of operation; 4) No portion of a generator shall be closer than 12' from any property line. If the 12, side setback cannot be achieved, generators with a decibel level rating of 65dB(A) or less are granted an exception to be installed no closer than 10' from any property line; 5) Generators to be installed so as to be completely screened from view from the street and abutting neighbors by the installation of a concrete wall and hedge or other material approved by the Town; 6) Preexisting generators that exceed the 72B(A) decibel level rating are to be muffled by a noise barrier wall constructed of concrete or similar material that will safely withstand any heat from the generator for an indefinite amount of time to be installed with a min. height equal to that of the generator plus 6 ", completely obscuring the visibility of the generator from the street and abutting neighbors. The Commission felt there to be insufficient factual information to come to a conclusion at this meeting. They requested that a spreadsheet be prepared to compare various units from 15KW to 50 KW with regard to output, decibel rating, fuel type, price and brand name. The Commissioners were reluctant to include provisions relating to existing units. Mayor Koch directed that this information be gathered at once and indicated he would consider a special meeting in order to consider the matter further. Commissioner Hopkins moved and Commissioner Lynch seconded that zoning in progress be declared regarding the installation of generators with no applications being accepted as of this date until the matter has been decided. All voted AYE at Roll Call. B. Town Manager There was no report from the Town Manager. C. Architectural Review & Planning Board 1. Meeting Dates a. December 16, 2004 @ 8:30 A.M. b. January 27, 2005 @ 8:30 A.M. c. February 24, 2005 @ 8:30 A.M. d. March 24, 2005 @ 8:30 A.M. e. April 28, 2005 @ 8:30 A.M. Mayor Koch called attention to these dates. D. Finance Director 1. Financial Report for November 2004 Commissioner Orthwein moved and Commissioner Lynch seconded that the Financial Report be accepted as circulated and all voted AYE. 2. Minimum Capitalization Accounting Policy The Town Manager explained that he is requesting that the Town establish a minimum capitalization accounting policy of $1,000 rather than at the existing level of $500. Commissioner Lynch moved and Commissioner Town Commission Regular Meeting December 10, 2004 page 3 Orthwein seconded that a Minimum Capitalization Accounting Policy be established at $1,000. All voted AYE at Roll Call. 3. Bi- monthly Water Usage This report was made a part of the official record. E. Police Chief 1. Activity for November 2004 Chief Ward added to his report that Officer Ginsberg will be retiring in January but that he has an applicant with 20 years experience on the Palm Beach Department who will be available April 1, 2005. He further reported that a considerable amount of court expense that has been the responsibility of the State is now being shifted down to the municipalities, which seems to be an ongoing trend. VIII. Items for Commission Action. A. Ordinances (First Reading) 1. Ordinance No. 04/8; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 14, ELECTIONS, BY INCLUDING A NEW SECTION 14 -6 EXEMPTING THE TOWN FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFIFCATION; PROVIDING AN EFFECTIVE DATE. The Town Clerk read Ordinance No. 04/8 by title on first reading. Commissioner Orthwein moved and Commissioner Lynch seconded that the Ordinance be passed on first reading and all voted AYE at Roll Call. 2. Ordinance No. 04/9; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66, ZONING, ARTICLE 1, DEFINITIONS, SO AS TO PROVIDE NEW DEFINITIONS FOR DOCKING ZONE, DOLPHIN CONTROL LINE, SETBACK CENTERLINE AND WATER FRONTAGE; AMENDING ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, AT SECTION 66 -139, DOCKS, SUBPARAGRAPH (6), LOCATION AND DIMENSIONS; AMENDING CHAPTER 70, THE GULF STREAM DESIGN MANUAL, ARTICLE V. AREAWIDE STANDARDS, SECTION 70 -148, PRINCIPLES, SUBPARAGRAPHS (3) AND (4) RELATING TO HEIGHT OF FENCES, WALLS, TREES OR OBSTRUCTIONS LOCATED WITHIN FIFTEEN FEET OF THE SEAWALL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. J Attorney Randolph advised that there is a correction on page 3in Sec. 70 -148. He advised that paragraph (4) is applicable only in Place Au Soleil and that correction has been made. The Town Clerk distributed the corrected page to the Commissioners. The Town Clerk then read the Ordinance by title. Commissioner Orthwein moved and Commissioner Lynch seconded that Ordinance No. 04/9 be passed on first reading as amended and all voted AYE at Roll Call. B. Resolutions 1. 004 -15; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE WATER FUND; PROVIDING AN EFFECTIVE DATE. Town Commission Regular Meeting December 10, 2004 page 4 The Town Clerk read Resolution 004 -15 in its entirety. Commissioner Devitt moved and Commissioner Orthwein seconded the adoption of Resolution No. 004 -15 and all voted AYE at Roll Call. 2. 004 -16; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE GENERAL FUND; PROVIDING AN EFFECTIVE DATE. Resolution No. 004 -16 was read in its entirety by Town Clerk Taylor. Commissioner Devitt moved and Commissioner Orthwein seconded that it be adopted and all voted AYE at Roll Call. B. Items by Mayor and Commissioners. Commissioner Orthwein questioned when the next newsletter would be prepared and requested that the matter of open garage doors and the removal of storm shutters be addressed in the letter. The Commissioners were in agreement. The Town Manager stated the letter was planned for distribution in January 2005. IX. Public. There was no comment from the public. X. Adjournment. Mayor Koch adjourned the meeting at 10:30 A.M. on a Motion to do so made by Commissioner Lynch that was seconded by Commissioner Orthwein with all voting in the affirmative. /7j-. a -/-, -6 – 7 Z 7, i t'� — Rita L. T ylor, To V Clerk ,. i 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, January 14, 2005, 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: 1. Ordinance No. 04/8; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 14, ELECTIONS, BY INCLUDING A NEW SECTION 14 -6 EXEMPTING THE TOWN FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFIFCATION; PROVIDING AN EFFECTIVE DATE. 2. Ordinance No. 04/9; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66, ZONING, ARTICLE 1, DEFINITIONS, SO AS TO PROVIDE NEW DEFINITIONS FOR DOCKING ZONE, DOLPHIN CONTROL LINE, SETBACK CENTERLINE AND WATER FRONTAGE; AMENDING ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, AT SECTION 66 -139, DOCKS, SUBPARAGRAPH (6), LOCATION AND DIMENSIONS; AMENDING CHAPTER 70, THE GULF STREAM DESIGN MANUAL, ARTICLE V. AREAWIDE STANDARDS, SECTION 70 -148, PRINCIPLES, SUBPARAGRAPHS (3) AND (4) RELATING TO HEIGHT OF FENCES, WALLS, TREES OR OBSTRUCTIONS LOCATED WITHIN FIFTEEN FEET OF THE SEAWALL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES III CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN 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, ( j 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 TOWN OF GULF STREAM, FLORIDA Date: January 2, 2005 n1 4 p(}v Rita L. Taylor, Town Clerk I THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Kristi Morrow, who on oath says that she is Customer Service Supervisor of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter of Ordinances 04/8 & 044/4 was published in said newspaper in the issues of January 2. 2005. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before 3' day of Janu y, A.D. 200 Personally known Xi or Produced Identification Type of Identification Produced P' a, Karen M. mdinton OecF :cammisslon # 0359566 5Fapites; NOY 15, 2008 %.' Bonded Thrn AtI ntle Bonding Co., Inc.