Loading...
HomeMy Public PortalAbout02/11/2005February 4, 2005 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, FEBRUARY 11, 2005 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 January 14, 2005. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. March 11, 2005 @ 11 A.M. 2. April 8, 2005 @ 9 A.M. 3. May 13, 2005 @ 9 A.M. 4. June 10, 2005 @ 9 A.M. 5. July 8, 2005 @ 9 A.M. 6. August 12, 2005 @ 9 A.M. B. Election March 8, 2005, 7 A.M. to 7 P.M. C. Certification of Election March 11, 2005 @ Noon. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by John Baccari, agent for Michael and Sandra Maier, owners of the property located at 2554 Avenue Au Soleil, Gulf Stream, Florida, legally described as Lot 44, Place Au Soleil Subdivision. a. VARIANCE from the provisions in Section 70- 107(b)(1) and (3) to permit additions to an existing Gulf Stream Bermuda style structure that do not conform with all standards for this architectural style and do not represent a logical extension of the existing structure. b. SPECIAL EXCEPTION as provided for in Section 70 -75(c) to permit additions, which will not encroach into any setback areas, to a structure with an existing non- conforming front setback. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit one - story additions consisting of 1,166 square feet to an existing Gulf Stream Bermuda style dwelling. VIII. Reports. A. Town Manager B. Architectural Review & Planning Board 1. Meeting Dates a. February 24, 2005 @ 8:30 A.M. b. March 24, 2005 @ 8:30 A.M. c. April 21, 2005 @ 8:30 A.M. d. May 26, 2005 @ 8:30 A.M. e. June 23, 2005 @ 8:30 A.M. f. July 28, 2005 @ 8:30 A.M. AGENDA CONTINUED Page 2 C. Finance Director 1. Financial Report for January 2005 2. Bi- monthly Water Usage D. Police Chief 1. Activity for January 2005 IX. Items for Commission Action. A. Administrative Fees - Hurricane "Frances" B. Part Time Police Officer C. Ordinances 1. 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, SECTION 66 -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, DIVISION 3, GENERAL LANDSCAPE STANDARDS, SECTION 70 -148, PRINCIPLES, SUBPARAGRAPH (4) PROHIBITED, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (second reading & adoption) 2. 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. (first reading) D. Resolution No. 005 -01; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA EXPRESSING THE TOWN'S DIS- SATISFACTION WITH CURRENT FLORIDA LAW REGARDING THE REGULATION OF GULF CARTS BY LOCAL GOVERNMENTS; SUGGESTING THAT CURRENT J FLORIDA LAW REGARDING THE REGULATION OF GOLF CARTS IS INADEQUATE TO PROTECT THE HEALTH SAFETY AND WELFARE OF CITIZENS OF FLORIDA WHO LIVE IN JURISDICTIONS WHERE GOLF CARTS ARE UTILIZED; FURTHER SUGGESTING THAT ALL LOCAL GOVERNMENTS SHOULD BE GRANTED THE AUTHORITY TO ENACT SPECIFIC GOLF CART REGULATIONS WHICH ARE MORE RESTRICTIVE THAN THOSE FOUND IN CURRENT FLORIDA LAW; OFFERING SUGGESTED LEGISLATION TO ACCOMPLISH THIS GOAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. E. Items by Mayor and Commissioners. 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 11, 2005 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Vice Mayor Orthwein called the meeting to order at 9 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Vice Mayor Orthwein. III. Roll Call. Present and Joan K. Orthwein Vice Mayor Participating: Fred B. Devitt III Commissioner William A. Lynch Commissioner Absent with Notice: William F. Koch, Jr. Mayor Robert W. Hopkins II Commissioner Also Present and William Thrasher Town Manager Participating: Rita Taylor Town Clerk Garrett Ward Police Chief John Randolph Town Attorney Michael Maier Applicant IV. Minutes of the Regular Meeting of January 14, 2005. Commissioner Lynch moved and Commissioner Devitt seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher requested to add Item IX.F.- Letter from FDOT. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. March 11, 2005 @ 11 A.M. 2. April 8, 2005 @ 9 A.M. 3. May 13, 2005 @ 9 A.M. 4. June 10, 2005 @ 9 A.M. 5. July 8, 2005 @ 9 A.M. 6. August 12, 2005 @ 9 A.M. O Vice Mayor Orthwein announced these dates. A. Election March 8, 2005, 7 A.M. to Town Clerk Taylor advised that there would be given that only the incumbents have filed and closed. 7 P.M. no election on March 8th the qualifying period has B. Certification of Election March 11, 2005 @ Noon. Town Clerk Taylor announced that the certification of election would be March 11, 2005 at noon. She pointed out the March 11th regular meeting will be held at 11 A.M. O Regular Meeting & Public Hearing Town Commission Page 2 February 11, 2005 Vice Mayor Orthwein asked that all persons who intended to speak please stand to take the Oath. Town Clerk Taylor administered the Oath to Mr. Maier. There were no ex -parte communications declared. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by John Baccari, agent for Michael and Sandra Maier, owners of the property located at 2554 Avenue Au Soleil, Gulf Stream, Florida, legally described as Lot 44, Place Au Soleil Subdivision. Attorney Randolph advised Mr. Maier that given that there are only three Commissioners present the applicant would have to have a unanimous vote in favor of the variance application in order to prevail. The Attorney advised the applicant he could proceed with his presentation or he could defer to the next meeting when there is a full Board. Mr. Maier stated that he would prefer to proceed with the presentation. He read the revised recommendation from Urban Design Studio, which is although the plans do not represent preferred or ideal additions, they do represent a logical approach to extending the building within its context. Mr. Maier distributed a revised site plan and computer color rendering and explained that he made minor changes to the layout by eliminating the angular wall along the pool in addition "c" and adding shutters and landscaping. Vice Mayor Orthwein asked if the neighbors were properly noticed and if there were any comments. Town Manager Thrasher reported that UDS had given a recommendation to the ARPB but the report was not definitive as to whether the addition represents a logical extension of the structure. The Town Manager requested that UDS visit the site and come to a more decisive conclusion. He added that there were no comments from the neighbors. Attorney Randolph advised that if the Commission believes that the exterior design of the addition represents a logical extension of the structure they could approve the request and a variance would not be required. a. VARIANCE from the provisions in Section 70- 107(b)(1) and (3) to permit additions to an existing Gulf Stream Bermuda style structure that do not conform with all standards for this architectural style and do not represent a logical extension of the existing structure. Commissioner Lynch moved and Commissioner Devitt seconded that the additions represent logical extensions of the structure. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE and Vice Mayor Orthwein; AYE. Regular Meeting & Public Hearing Town Commission Page 3 February 11, 2005 b. SPECIAL EXCEPTION as provided for in Section 70 -75(c) to permit additions, which will not encroach into any setback areas, to a structure with an existing non- conforming front setback. Commissioner Devitt moved and Commissioner Lynch seconded to approve a Special Exception to permit additions that will not encroach into any setback areas, to a structure with an existing non - conforming front setback. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE and Vice Mayor Orthwein; AYE. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit one - story additions consisting of 1,166 square feet to an existing Gulf Stream Bermuda style dwelling. Commissioner Devitt moved and Commissioner Lynch seconded to approve a Level 3 Architectural /Site Plan based on a finding that the proposed construction of a one -story additions consisting of 1,166 square feet to an existing Gulf Stream Bermuda style dwelling meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE and Vice Mayor Orthwein; AYE. VIII. Reports. A. Town Manager There was no report. B. Architectural Review & Planning Board 1. Meeting Dates a. February 24, 2005 @ 8:30 A.M. b. March 24, 2005 @ 8:30 A.M. c. April 21, 2005 @ 8:30 A.M. d. May 26, 2005 @ 8:30 A.M. e. June 23, 2005 @ 8:30 A.M. f. July 28, 2005 @ 8:30 A.M. Vice Mayor Orthwein announced these dates. C. Finance Director 1. Financial Report for January 2005 Mr. Thrasher asked that the report be accepted as submitted, if there were no questions. Commissioner Devitt asked if everything was on track. The Town Manager answered to date, yes. Commissioner Lynch questioned the $2,173 to Harvel Utility construction and the $3527.50 to SFRN. Inc. Mr. Thrasher explained that the $2,173 is for fill work at the bird sanctuary and the $3527.50 is for ongoing GIS mapping. He added that this service is rather costly to the Town and he has found another company that charges much less. Commissioner Devitt moved and Commissioner Lynch seconded to approve the financial report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE and Vice Mayor Orthwein; AYE. Regular Meeting & Public Hearing Page 4 Town Commission February 11, 2005 2. Bi- monthly Water Usage Town Manager Thrasher reported that the water usage is up and several leaks have been repaired. He stated that there is still a residual chlorine problem and an additional chlorinator would be installed near the entrance of Place Au Soleil. He added that he is expecting a refund from FEMA for damages to the water line caused by the hurricanes. The Orefunds should be satisfied in fiscal year 2004/2005. Commissioner Orthwein asked where the monies to fix the leaks are coming from. The Town Manager stated they were coming out of the reserved fund. D. Police Chief 1. Activity for January 2005 Chief Ward reported that there have been an unusual amount of thefts from unlocked vehicles in Place Au Soleil. He added that there are some fences abutting Federal Highway that are in disrepair and drifters enter and leave the neighborhood without being observed. The Chief stated that a meeting was held between himself, the Town Manager, Commissioner Lynch and members of the Place Au Soleil Home Owners Association to devise a plan on keeping the neighborhood safer. The Chief reported that Officer Kluth received a letter of commendation from the State Attorney's Office on his report writing. He stated that this acclaim is unusual as the State Attorney's Office is always asking for more information due to incomplete reports. IX. Items for Commission Action. A. Administrative Fees - Hurricane "Frances" Commissioner Devitt asked for clarification on this item. The Town Manager explained that the Town has received two refund checks from FEMA totaling $41,214.15. The checks are reimbursements for hurricane Frances and represent 97.3% of the Town's losses. The remaining 3% or $1292.76 of that amount is added automatically by FEMA for administrative fees or for overtime exempt employees. The Town Manager explained that during hurricane Frances, Chief Ward, the Town Clerk and himself worked additional hours and did not receive compensation. The Town Manager recommended that the Commission pass the administrative fees to the mentioned employees. He added that to date, the Town has not received any reimbursement from Hurricane Jeanne. The worksheets have been prepared and submitted to FEMA but the determination of qualification for reimbursement has not been reviewed and accepted by FEMA. Mr. Thrasher added that some Towns have established a policy whereby exempt employees are paid an overtime rate in any emergency. He encouraged discussions on establishing a policy to compensate exempt employees when all commission members are present. Commissioner Devitt moved and Commissioner Lynch seconded to prorate and distribute the administrative fees from hurricanes Frances and Jeanne between the three overtime exempt employees, and to work on establishing Regular Meeting & Public Hearing Town Commission Page 5 February 11, 2005 a policy to compensate exempt employees when all Board members are present. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE and Vice Mayor Orthwein; AYE. B. Part Time Police Officer Chief Ward explained that Officer Ginsberg retired from full time status with the Gulf Stream Police Department and expressed an interest in staying on as a part time officer. The Chief stated that this is a unique opportunity for the Department in that Officer Ginsberg is a trained, equipped, experienced officer whose past performance has been exemplary. He stated that the on call status would be at hourly rate of $25 per hour with no benefits. Town Manager Thrasher asked if this should be a budgeted line item. The Chief stated that he could not offer an amount to budget for as this is the first time the police department is utilizing a part time officer. Commissioner Devitt moved and Commissioner Lynch seconded to approve the hiring of a part time officer at $25 per hour and establishing a line item a for a part time officer. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE and Vice Mayor Orthwein; AYE. C. Ordinances 1. 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, SECTION 66 -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, DIVISION 3, GENERAL LANDSCAPE STANDARDS, SECTION 70 -148, PRINCIPLES, SUBPARAGRAPH (4) PROHIBITED, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (second reading & adoption) Town Clerk Taylor read Ordinance 04/9 by title. Attorney Randolph reminded that the ordinance has been modified on first O reading so as to have the provision apply only to hedges next to the canals and not to hedges next to the intracoastal waterway. Commissioner Devitt moved and Commissioner Lynch seconded to adopt Ordinance No. 04/4. There were no comments from the Public. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE and Vice Mayor Orthwein; AYE. 2. 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 Regular Meeting & Public Hearing Town Commission Page 6 February 11, 2005 3. 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. (first reading) Commissioner Devitt stated that he believed the decibel reading should be higher and he was not comfortable making a decision. Town Manager Thrasher stated that there is a company that makes a quieter generator but the company will not publish a rating. Discussion was held regarding the decibel level and it was agreed that the ordinance be adopted on first reading and could be modified at the next meeting if need be. Town Clerk Taylor read Ordinance 05 /1 by title. Commissioner Lynch moved and Vice Mayor Orthwein seconded to adopt Ordinance No. 05 /1 on first reading. There were no comments from the Public. Roll Call: Comm. Devitt; NAY, Comm. Lynch; AYE and vice Mayor Orthwein; AYE. D. Resolution No. 005 -01; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA EXPRESSING THE TOWN'S DISSATISFACTION WITH CURRENT FLORIDA LAW REGARDING THE REGULATION OF GULF CARTS BY LOCAL GOVERNMENTS; SUGGESTING THAT CURRENT FLORIDA LAW REGARDING THE REGULATION OF GOLF CARTS IS INADEQUATE TO PROTECT THE HEALTH SAFETY AND WELFARE OF CITIZENS OF FLORIDA WHO LIVE IN JURISDICTIONS WHERE GOLF CARTS ARE UTILIZED; FURTHER SUGGESTING THAT ALL LOCAL GOVERNMENTS SHOULD BE GRANTED THE AUTHORITY TO ENACT SPECIFIC GOLF CART REGULATIONS WHICH ARE MORE RESTRICTIVE THAN THOSE FOUND IN CURRENT FLORIDA LAW; OFFERING SUGGESTED LEGISLATION TO ACCOMPLISH THIS GOAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Chief Ward explained that the regulations regarding golf carts are vague in that children can drive the carts on public streets without any restrictions. He advised that supporting this resolution would allow local governments to enact more restrictive regulations for safe operation of golf carts in the community. Cl Town Clerk Taylor read Resolution 005 -1 by title. Commissioner Lynch moved and Commissioner Devitt seconded to approve Resolution No. 005 -1. Roll Call: Comm. Devitt; AYE, Comm. Lvnch; AYE and Vice Mayor Orthwein; AYE. E. Items by Mayor and There were none. F. Letter from FDOT Attorney Randolph explained from FDOT regarding removing Commissioners. that several entities have received letters items from FDOT right of way. Regular Meeting & Public Hearing Town Commission Page 7 February 11, 2005 The Attorney reported that he wrote DOT stating the Town's position, that under special legislation, they do not have the right to widen AlA The Attorney advised the Commission may need to decide if they want to challenge FDOT on the widening of AlA. Mr. Randolph called attention to a draft letter he had prepared in answer to the FDOT reply and requested direction. Town Clerk Taylor reported that correspondence has been going back and forth between the Town and FDOT asking FDOT to prove the ownership of the road. The Town Clerk furnished them with surveys and DOT agreed to do a title search for the ownership but they have not contacted the Town in six months. The Commissioners decided that the letter should be sent, emphasizing the Town's opposition. Commissioner Lynch moved and Commissioner Devitt seconded to approve the draft letter from Attorney Randolph stating the Town's opposition and directed that it be copied to the appropriate parties. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE and Vice Mayor Orthwein; AYE. X. Public. There were none. XI. Adjournment. Vice Mayor Orthwein adjourned the meeting at 10:20 A.M. Y nne E. Eckert, CMC Deputy Town Clerk