HomeMy Public PortalAbout01/14/2005MAYOR:
VICE MAYOR:
COMMISSIONER:
William F. Koch, Jr.
Joan K. Orthwein
Fred B. Devitt III
Robert W. Hopkins II
William A. Lynch
January 7, 2005
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 14, 2005 AT 9:00 A.M., IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
f_Tei-Ni
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of December 10, 2004.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. February 11, 2005 @ 9 A.M.
2. March 11, 2005 @ 9 A.M.
3. March 11, 2005 @ Noon (Certification of Election)
4. April 8, 2005 @ 9 A.M.
5. May 13, 2005 @ 9 A.M.
6. June 10, 2005 @ 9 A.M.
7. July 8, 2005 @ 9 A.M.
VII. Reports.
A. Noise Abatement and Control for Generators -Urban Design
B. Town Manager
C. Architectural Review & Planning Board
1. Meeting Dates
a. January 27, 2005 @ 8:30 A.M.
b. February 24, 2005 @ 8:30 A.M.
c. March 24, 2005 @ 8:30 A.M.
d. April 28, 2005 @ 8:30 A.M.
e. May 26, 2005 @ 8:30 A.M.
D. Finance Director
1. Financial Report for December 2004
E. Police Chief
1. Activity for December 2004
VIII. Items for Commission Action.
A. Review of Human Resource Audit
1. Adoption of Personnel Policy Handbook
B. Ordinances for Second 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
Y 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.
AGENDA CONTINUED
Page 2
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.
C. Items by Mayor and Commissioners.
VIII. Correspondence.
A. Request for Resolution of Support- Modernization of Boynton
Inlet from City of Boynton Beach
X. Public.
XI. 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
C
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 14, 2005 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.
O 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:John Randolph
Rita Taylor
Garrett Ward
Allen Borza
Jon Carleen
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Police Chief
Urban Design Studios
Urban Design Studios
IV. Minutes of the Regular Meeting of December 10, 2004. Commissioner
Lynch moved and Commissioner Hopkins seconded that the minutes be
approved as circulated and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items
The Town Manager requested to add Item VIII.D., Resolution NO.
005 -01, a Budget Adjustment.
Vi. Announcements.
A. Regular Meetings and Public Hearings
1. February 11, 2005 @ 9 A.M.
2. March 11, 2005 @ 9 A.M.
3. March 11, 2005 @ Noon (Certification of Election)
4. April 8, 2005 @ 9 A.M.
5. May 13, 2005 @ 9 A.M.
6. June 10, 2005 @ 9 A.M.
7. July 8, 2005 @ 9 A.M.
The Town Clerk requested that the Regular Meeting of March 11, 2005 that
is scheduled for 9 A.M be changed to 11 A.M. on March 11, 2005. There
were no objections to this change.
VII. Reports.
A. Noise Abatement and Control for Generators -Urban Design
Jon Carleen of Urban Design Studios was recognized. He gave a brief
review of the problems that were incurred in obtaining information about
the various products that are listed in the material he distributed. He
explained that they are recommending a maximum decibel level rating no
greater than 65dB(A) pointing out that in order to achieve that, it may
be necessary with some models to have a custom enclosure provided which
is available at a considerable additional cost. Mr. Carleen noted that
Minutes of Town Commission
Regular Meeting /Public Hearing
January 14, 20052
Page 2
if the maximum were raised to 66 dB (A), there would be additional units
available.
Mr. Carleen then explained that they are recommending that generators be
permitted to be operated for testing & maintenance purposes one time for
a period not to exceed 30 minutes in any 7 day period between the hours
Oof 11 a.m. and 5 p.m., Monday through Friday.
With regard to locations for the generators, Urban Design Studios
recommended that they conform to the accessory setback lines. However,
they recommended that if this cannot be achieved, generators with a
decibel level rating of 55dB(A) or less be granted an exception to be
installed a minimum of 8' from any property line as measured from the
actual generator and the enclosure a minimum of 5' from any property
line. They further recommended that the generators be installed where
they are completely screened from the street and abutting neighbors.
Screening methods to be employed include, but are not limited to, the
use of a concrete wall and a hedge around the perimeter of the
generator.
Existing generators that exceed the maximum permitted decibel level are
to be muffled by one or more of the following: 1) A professionally made
custom enclosure specifically made to reduce the noise to the maximum
permitted decibel level rating. 2) A noise barrier wall constructed of
concrete or similar material with a minimum height equal to that of the
generator plus (6) six inches, completely obscuring the visibility of
the generator from the street and abutting neighbors. All
walls /screening shall be able to safely withstand any heat produced by
the generator for an indefinite amount of time. 3) The professional
installation of rock wool insulation or a similar heat - resistant
acoustical insulation to either the interior of the generator's
enclosure, or lining the interior side of the noise barrier wall is
recommended.
Mr. Carleen then suggested that everyone accompany him to the area of
the generator in back of the Town Hall. He explained that they would
run the generator and take readings at different distances so everyone
can hear the difference between 55 and 65dB(A) readings. He noted that
the standard for measuring is at 23' from the noise source. This field
test lasted from 9:15 a.m. to 9:25 a.m.
Discussion of the recommendations resumed and Commissioner Orthwein
moved and Commissioner Lynch seconded that the maximum decibel level
rating be no greater than 66dB(A) as rated by the manufacturer, that the
generators may be operated for testing & maintenance purposes one time
for a period of 1 hour, longer if repairs are necessary, in any seven
day period between the hours of 9 a.m. to 5 p.m., Monday through Friday;
that generators shall be located to conform the accessory setback lines
except if this is not possible, generators with a decibel rating of 55
dB(A) or less may be installed a minimum of 7' from the property line as
measured from the actual generator with the enclosure being a minimum of
5' from any property line; that they must be completely screened from
Minutes of Town Commission
Regular Meeting /Public Hearing
January 14, 20053
Page 3
the street and abutting neighbors with, but not limited to, a concrete
wall and a hedge around the perimeter of the generator; existing
generators exceeding the 66dB(A) level are to be muffled by a
professionally made custom enclosure specifically made to reduce noise
to a minimum of 66dB(A), and /or a noise barrier wall of concrete or
similar material with a minimum height equal to that of the generator
plus six inches, completely obscuring the visibility of the generator
from the street and abutting neighbors with all walls /screening being
able to safely withstand any heat produced by the generator for an
indefinite amount of time, and /or professional installation of rock wool
insulation or a similar heat - resistant acoustical insulation to either
the interior of the generator's enclosure, or lining the interior side
of the noise barrier wall is recommended.
Commissioner Devitt advised that he most likely would not vote in favor
of this motion in that he believed the maximum level should be 72dB(A),
that testing should be permitted on Saturday and there should be no
limit on how long the generators could run during the testing periods.
Roll Call: Commissioner Orthwein; AYE, Commissioner Devitt; NAY,
Commissioner Lynch; AYE, Commissioner Hopkins; NAY and Mayor Koch; AYE.
Commissioner Orthwein then moved, and Commissioner Lynch seconded, that
the Zoning In Progress be amended to allow installation of generators
provided the installation conforms with the action just taken. Roll
Call: Commissioner Orthwein; AYE, Commissioner Devitt; NAY,
Commissioner Lynch; AYE, Commissioner Hopkins; AYE and Mayor Koch; AYE
Attorney Randolph was directed to prepare an ordinance to implement the
regulations agreed on.
B. Town Manager
Town Manager Thrasher advised that a codification and reprint of the
Code of Ordinances would be commencing immediately. He further reported
that a check in the amount of $40,000 had been received in payment of
the reimbursement for expenses connected with Hurricane Frances covering
Part A with another expected to cover Part B. Mr. Thrasher stated that
the documentation has been submitted for Hurricane Jeanne.
C. Architectural Review & Planning Board
1. Meeting Dates
a. January 27, 2005 @ 8:30 A.M.
b. February 24, 2005 @ 8:30 A.M.
c. March 24, 2005 @ 8:30 A.M.
d. April 28, 2005 @ 8:30 A.M.
e. May 26, 2005 @ 8:30 A.M.
These dates were made a part of the record.
D. Finance Director
1. Financial Report for December 2004
There were no questions regarding the Financial Report and Commissioner
Orthwein moved and Commissioner Lynch seconded that the Report be
accepted as circulated and all voted AYE.
Minutes of Town Commission
Regular Meeting /Public Hearing
January 14, 20054
Page 4
E. Police Chief
1. Activity for December 2004
There were no questions regarding the report but Commissioner Orthwein
asked when Officer Ginsberg would be retiring. Chief Ward advised that
his last day to report for duty was Thursday. The Commissioners said
they hoped he would stop by so they could wish him well.
VIII. Items for Commission Action.
A. Review of Human Resource Audit
Town Manager Thrasher reported that the Human Resources Audit has been
completed and recommended revisions, due to changes in the law, are
found on page 9 of part one. He read them aloud.
1. Adoption of Personnel Policy Handbook
Commissioner Lynch moved and Commissioner Orthwein seconded that the
Personnel Policy Handbook as revised be adopted. All voted AYE at Roll
Call.
B. Ordinances for Second 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.
Town Clerk Taylor read Ordinance No. 04/8 by title. There was no public
comment. Commissioner Orthwein moved and Commissioner Lynch seconded
the adoption of Ordinance No. 04/8. Roll Call: Commissioner Orthwein;
AYE, Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner
Hopkins; AYE and Mayor Koch; AYE.
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 -369, 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.
The Town Clerk read Ordinance No. 04/9 by Title. Mayor Koch called
attention to correspondence from Bruce Anderson requesting to be heard
regarding provisions of this ordinance.
Mr. Anderson related the history of the development of Place Au Soleil
and the development of the property he now owns at 960 Indigo Point.
He advised that the hedges had been installed by the developer and he
had purchased the property because of the privacy afforded by the
Minutes of Town Commission
Regular Meeting /Public Hearing
January 14, 20055
Page 5
hedges. He called attention to letters he had received from the Town
advising the hedges were grandfathered. Mr. Anderson said he had
understood that the hedge restriction would only apply in Place Au
Soleil due to the fact that the canals were much narrower there than
those on the east side of the Waterway. He pointed out that the
Ordinance as written says nothing about the canals but only restricts
the height of hedges along the Intracoastal. Mr. Anderson stated he
would have no problem lowering his hedges along the canal but would ask
to keep the existing hedges along the Intracoastal.
In a review of the language in the Ordinance, the Staff and the
Commissioners agreed that the restriction was intended to be along the
canals. Attorney Randolph advised this could be revised at this meeting
and go to first reading on the revision and for adoption at the February
meeting.
Mayor Koch thanked Mr. Anderson for his input.
Commissioner Orthwein moved and Commissioner Lynch seconded that
Ordinance No. 04/9 as amended at 70 -148 be passed on first reading.
Roll Call: Commissioner Orthwein; AYE, Commissioner Devitt; AYE,
Commissioner Lynch; AYE, Commissioner Hopkins; AYE, and Mayor Koch; AYE.
A. Items by Mayor and Commissioners.
There were no items by the Mayor or the Commissioners.
B. Resolution No. 005 -01; 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.
Commissioner Devitt moved and Commissioner Orthwein seconded that
Resolution No. 005 -01 be adopted. Roll Call: Commissioner Orthwein;
AYE, Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner
Hopkins; AYE and Mayor Koch; AYE.
VIII. Correspondence.
A. Request for Resolution of Support- Modernization of Boynton
Inlet from City of Boynton Beach
Mayor Koch explained that the City of Boynton Beach is requesting
funding from the State Legislature for a study directed at modernizing
the Boynton Inlet and the AlA bridge at that location in an effort to
enhance waterfront development opportunities for the area and improve
safety in connection with the use of the inlet. It was noted that there
have been several rumors regarding the purpose and need for such and the
Commission felt they did not have enough information at this time to
take a position in this matter. They did go on record as being
concerned about safety. Attorney Randolph was directed to prepare a
reply to this request for the Mayor's signature in a motion made by
Commissioner Hopkins that was seconded by Commissioner Lynch with all
voting AYE at Roll Call.
Minutes of Town Commission
Regular Meeting /Public Hearing
January 14, 20056
X. Public. There was no public comment.
XI. Adjournment. Mayor Koch adjourned the meeting at 10:50 A.M.
Rita L.'TayloEj Town Clerk
Page 6
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 February 24, 2005 at 8:30 A.M., and the Town Commission
will hold a Public Hearing on March 11, 2005 at 9:00 A.M., both in
the Commission Chambers of the Town Hall, 100 Sea Road, Gulf
Stream, Florida, at which the following will be considered:
An application submitted by Jack Potrekus of T & M Design
Architecture & Planning, agent for Mr. & Mrs. Robert M.
Miller, owners of the property located at 960 Emerald Row,
Gulf Stream, Florida, legally described as Lot 59, Place Au
Soleil Subdivision, for the following:
SPECIAL EXCEPTION to permit a second story addition
consisting of 954 square feet over an existing garage
that encroaches 5 feet into the rear setback.
LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a single
story addition, approximately 550 square feet, to the
existing garage, to convert a portion of the existing garage
to first floor living area, and to add a second story master
bedroom suite above the existing garage of a partial two
story Mediterranean Revival style dwelling.
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
I 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: February 10, 2005 TOWN OF GULF STREAM, FLORIDA
Rita L. TayloV Town Clerk
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, March 11,
2005, at 11:00 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 NO. 05/1; AN ORDINANCE OF
THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 22, NUISANCES, ARTICLE III, NOISE,
BY INCLUDING A NEW DIVISION 3 TITLED NOISE
ABATEMENT AND CONTROL FOR GENERATORS,
INCLUDING SECTIONS RELATING TO DECLARATION
OF POLICY, DEFINITIONS, REGULATIONS, HOURS
OF OPERATION, LOCATION /SCREENING, NOISE
REDUCTION AND PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; 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,
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: February 27, 2005
(J
TOWN OF GULF STREAM, FLORIDA
/— Tg�
Rita L. Taylor, Town Clerk
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