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