HomeMy Public PortalAbout10/09/2009NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and
Planning Board of the Town of Gulf
Hearing on Thursday, October 22, 2009
Commission will hold a Public Hearing
at 9:00 A.M., both in the Commission
100 Sea Road, Gulf Stream, Florida, at
considered:
Stream will hold a Public
at 8:30 A.M., and the Town
Dn Friday, November 13, 2009
Chambers of the Town Hall,
which the following will be
An application submitted by Paul H. Bach of BE Design
Associates, Inc., agents for Robert H. Dudley, owner of
property located at 945 Emerald Row, Gulf Stream, Florida,
legally described as Lot 61, Place Au Soleil for the
Following:
DEMOLITION PERMIT to allow demolition of existing structures
in preparation for construction of new dwelling.
LAND CLEARING PERMIT to clear building site.
SPECIAL EXCEPTION to permit 230.72 sq. feet of covered
unenclosed roof projection that exceeds the maximum permitted
floor area ratio.
LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction
of a two -story single family Spanish Mediterranean Revival
style dwelling w /two car garage consisting of 4,850.72 square
feet and a swimming pool.
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
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: October 8, 2009 TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor/ Town Clerk
October 1, 2009
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 9, 2009 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.
A. Regular Meeting of 9 -11 -09
B. Budget Public Hearing of 9 -11 -09
C. Final Budget Hearing of 9 -23 -09
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. October 9, 2009 @ 9 A.M.
2. November 13, 2009 @ 9 A.M.
3. December 11, 2009 @ 9 A.M.
9. January 8, 2010 @ 9 A.M.
5. February 12, 2010 @ 9 A.M.
6. March 12, 2010 @ 9 A.M.
VII. Reports.
A. Town Manager
B. Architectural Review & Planning Board
1. October 22, 2009 @ 8:30 A.M.
2. November 19, 2009 @ 8:30 A.M.
3. December 17, 2009 @ 8:30 A.M.
9. January 28, 2010 @ 8 :30 A.M.
C. Finance Director
1. Financial Report
2. Water Usage as of September 30, 2009
D. Police Chief
1. Activity for September 2009
VIII. Items for Commission Action.
A. Interlocal Agreement For The Delivery Of Municipal Solid
Waste To Designated Facilities And For A Municipal Revenue
Sharing Recycling Program With Solid Waste Authority Of Palm
Beach County.
B. Proposed Ordinances
1. To regulate temporary storage facilities
2. Impose administrative costs for Code Enforcement Hearings
3. To prohibit discharge of firearms within the Town
9. To regulate golf carts and their use
5. To impose a utility tax on purchase of electricity & gas
6. Designating Delray Beach Bldg. Dept. as Gulf Stream's
Building Department
C. Items by Mayor& Commissioners
1. Objections to Proposed Actions Within the Intracoastal
Waterway Plan for Palm Beach County from the Town of Palm
Beach -Mayor Koch
AGENDA CONTINUED
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. 266.0105
l %
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 9, 2009 AT 9:00
A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I. Call to Order
A.M.
Mil
III
Mayor Koch called the meeting to order at 9:00
Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
Roll Call.
Present and
Participating
Absent w /Notice
Also Present and
Participating
IV. Minutes.
William F. Koch, Jr
Joan K. Orthwein
Fred B. Devitt, III
Muriel J. Anderson
Chris D. Wheeler
William H. Thrasher
Rita L. Taylor
Garrett Ward
John Randolph
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Police Chief
Town Attorney
A. Regular Meeting of 9 -11 -09
B. Budget Public Hearing of 9 -11 -09
C. Final Budget Hearing of 9 -23 -09
Commissioner Anderson moved and Commissioner Devitt seconded the motion
to approve the Minutes of the Regular Meeting of 9- 11 -09, the Minutes of
the Budget Public Hearing of 9 -11 -09 and the Minutes of the Final Budget
Hearing of 9- 23 -09. There was no discussion. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. October 9, 2009 @ 9 A.M.
2. November 13, 2009 @ 9 A.M.
3. December 11, 2009 @ 9 A.M.
9. January 8, 2010 @ 9 A.M.
S. February 12, 2010 @ 9 A.M.
6. March 12, 2010 @ 9 A.M.
Town Clerk Taylor asked if there were any conflicts with the schedule of
meetings. There were no conflicts.
VII. Reports.
A. Town Manager
The Town Manager stated that he had nothing to report.
B. Architectural Review & Planning Board
1. October 22, 2009 @ 8:30 A.M.
2. November 19, 2009 @ 8:30 A.M.
3. December 17, 2009 @ 8:30 A.M.
9. January 28, 2010 @ 8:30 A.M.
Regular Meeting and Public Hearing
Town Commission - October 9, 2009 Page 2
The scheduled meetings of the Architectural Review & Planning Board were
noted for the record.
C. Finance Director
1. Financial Report
Town Manager Thrasher requested that the Financial Report be accepted as
submitted. Commissioner Anderson asked about a charge for Today's
Computers and asked if it is an annual or quarterly maintenance fee.
Mr. Thrasher explained that the Town purchases a block of time at a
�i reduced rate for maintenance and repair rather than a charge for each
visit. He said that the time is used for Administration and the Police
Department as needed and as the time is depleted, the Town purchases
another block. Commissioner Devitt asked how often this is done. Mr.
Thrasher stated that it is done quite often, which is why staff
requested that the funds originally proposed for the design of the
storage expansion facility be used for the replacement of old computer
software and equipment. Commissioner Anderson moved and Commissioner
Devitt seconded to approve the Financial Report. There was no further
discussion. All voted AYE.
2. Water Usage as of September 30, 2009
Mr. Thrasher stated for the record that the Water Usage Report was
provided in the Commission packet.
D. Police Chief
1. Activity for September 2009
Chief Ward requested his Report for be accepted as submitted. There was
no discussion. The Activity Report was accepted as submitted.
VIII. Items for Commission Action.
Mr. Thrasher asked that John Randolph and Clerk Taylor provide
explanations for each of the actions being presented to the Commission.
A. Interlocal Agreement For The Delivery Of Municipal Solid
Waste To Designated Facilities And For A Municipal Revenue
Sharing Recycling Program With Solid Waste Authority Of Palm
Beach County.
Clerk Taylor said that this Agreement is between the Town of Gulf Stream
and Solid Waste Authority, providing for the delivery of municipal solid
waste to designated facilities and for a municipal revenue sharing
recycling program. She explained that Solid Waste is accepting
additional items in their recycling bins and are implementing a
Recycling Revenue Share component, wherein they will share a percentage
of their profits from the sale of recycled materials with the various
municipalities participating in this Agreement. Clerk Taylor said she
Jhas been advised by Waste Management that none of the changes will
affect the Town's pickup procedures or schedules. She noted that
Commissioner Wheeler has provided comments pertaining to the items on
this agenda and stated that he supports the approval of this Interlocal
Agreement. Vice -Mayor Orthwein moved and Commissioner Anderson seconded
to approve the Interlocal Agreement. There was no discussion. All
voted AYE.
B. Proposed Ordinances
1. To regulate temporary storage facilities
Mr. Randolph explained the two alternatives to amend an existing
ordinance as it relates to storage rooms, which currently provides that
Regular Meeting and Public Hearing
Town Commission - October 9, 2009 Page 3
no metal buildings or structures will be permitted and that any storage
units shall meet the same setback requirements as in the Code. The
first, Ordinance A, includes a new Section 66 -384 which allows such
units for a period of seven days, subject to obtaining a permit from the
Town at a cost of $150, and provides no further restrictions relating to
setbacks or screening. The second, Ordinance B, allows for temporary
storage units in the same manner as in Ordinance A, but further requires
that they meet the setback provisions as set forth in the existing
✓' ordinance, which also states that they not be placed in the front yard
unless screened.
Commissioner Devitt said he does not support the screening provision in
Ordinance B for such units and noted that Commissioner Wheeler thought
the $150 fee was high. Mr. Randolph said the provision relating to
screening was most likely intended for a more permanent structure.
Commissioner Devitt asked if a provision exists in the Code that
addresses parking a U -Haul or moving truck. Clerk Taylor said both are
commercial vehicles, they are limited to 48 hours and would be covered
under the Code relating to parking. Mr. Thrasher said that any existing
ordinances which could possibly regulate PODS are not specific enough
and that the Town has had several calls from residents asking if they
could use a POD and have been refused because the Code does not provide
for their use. He said that the School did not contact the Town
concerning the use of a POD, they just brought it in. At that time,
Staff reviewed the Code for possible provisions for such units, but it
does not clearly address the issue. Chief Ward asked if the 7 -day time
frame could be more specific.
Vice -Mayor Orthwein moved to approve Ordinance A with the the $150
permit fee. Clerk Taylor read the title of Ordinance 009/5. In
response to Chief Ward's question concerning the 70 -day time frame, Mr.
Randolph asked the Commissioners if they would like to amend the
language to provide that a storage unit is permitted on a property for a
maximum of seven consecutive days or 7 cumulative days during any 12-
month period. Commissioner Devitt suggested allowing a temporary
storage unit on a property for a period of 48 hours before requiring a
permit. Mr. Randolph suggested amending the language of the proposed
Section 66 -384 of Ordinance A to read as follows: "The above provisions
are not applicable to temporary roll off storage units, such as portable
on demand storage units or temporary storage units, which are permitted
on a property for a maximum period of 24 hours. For storage units in
place in excess of 24 hours, but not in excess of seven days, provided
the property owner obtains a permit from the Town prior to said roll off
or portable on demand units being placed on the property, the permit
fees for the placement of said units shall be $150 per storage unit."
Mr. Randolph said that the language incorporated here today on first
reading will allow these temporary storage units for a period of 24
hours without a permit or a fee and, in the event the storage units are
in place in excess of 24 hours, there shall be a permit given by the
Town, and a fee, and said units shall not remain in place in excess of
seven days. Vice -Mayor Orthwein recommended allowing temporary storage
units for a 48 -hour period, rather than 24 hours, without a permit or
fee. The consensus was to incorporate the recommended language,
Regular Meeting and Public Hearing
Town Commission - October 9, 2009
Page 4
allowing a 48 -hour permit -free time frame rather than 24 hours. The
Commissioners requested that Mr. Randolph amend the new Section 66 -384
of Ordinance No. 009/5 as recommended and come back for 2nd reading at
the next Regular meeting. Commissioner Anderson seconded to approve
Ordinance A, No. 009/5, amending Section 66 -384 as recommended and have
Mr. Randolph return with the amended Ordinance for 2nd reading at the
next scheduled Regular meeting. There was no further discussion. All
O voted AYE.
2. To Impose administrative costs for Code Enforcement
Hearings
Clerk Taylor stated that this is a matter which Commissioner Wheeler
brought attention to at a previous meeting. Mr. Randolph said that this
ordinance will allow the Town to impose a $150 administrative fee, in
addition to a fine, on a property owner, even if the owner brings their
property into compliance prior to the hearing, but did not do so prior
to the Town scheduling the hearing. He said that if the property is
brought into compliance after the hearing has been scheduled, but prior
to the date of the hearing, there will be no issue for the hearing
officer. However, the Town will have already incurred an administrative
expense and, therefore, the $150 is applicable against the owner even
though the property was brought into compliance. Clerk Taylor read the
title of Ordinance 009/6 as presented for first reading on this date of
October 9, 2009. Vice -Mayor Orthwein moved and Commissioner Anderson
seconded to pass Ordinance No. 009/6 on first reading. There was no
further discussion. All voted AYE.
3. To prohibit discharge of firearms within the Town
Mr. Randolph explained that the reason for creating this ordinance is
that when the Town adopted the fireworks ordinance, what originally
existed relating to the discharge of firearms was omitted. He stated
that this ordinance amends Chapter 26 of the Code of Ordinances and
includes a new Section 26 -4 to read as follows: "Except in the lawful
defense of person or property, it shall be unlawful for any person to
discharge any firearm within the Town. This section shall not apply to
law enforcement officers in the discharge of their duties." He said
Commissioner Wheeler's comment was that Section 26 -4 would be sufficient
and the Commission may agree. However, Mr. Randolph said he added
Section 26 -5 as an option, which reads as follows: "It shall be
unlawful for any person to carry or use within the Town BB guns, pellet
guns, air guns or slingshots." He said the decision will be whether the
Commission would like to adopt the ordinance with just Section 26 -4 or
to also include Section 26 -5.
UMayor Koch commented that pellet guns can be very harmful. Commissioner
Anderson asked Chief Ward for his opinion of Section 26 -5. Chief Ward
said he believes it would be in the best interest of the Town to enforce
it and that it would not be an enforcement issue to any great extent.
Mr. Thrasher mentioned that he has a pellet gun and explained that there
are various types of pellet shot. He said that some are BB and some are
blunt- headed lead pellets, but some are pointed copper or brass, which
can draw blood and cause bodily harm. Commissioner Devitt commented
that pellet guns can be as dangerous as a .22.
Regular Meeting and Public Hearing
Town Commission - October 9, 2009
Page 5
Commissioner Devitt questioned using the words "right to carry" and
asked for the definition of a firearm. Mr. Randolph said it is not
defined in the Code, but it is most likely defined in the State Statute.
Commissioner Devitt stated that you can carry a firearm if you have a
permit and Commissioner Anderson asked if that would override the Code.
Chief Ward said that you must be of a certain age to acquire a permit
for a firearm. He said the ordinance does not say you cannot possess a
firearm, but it allows for the regulation of the use of firearms within
the Town. With no intention to place blame, Commissioner Anderson asked
if this comes about because of the School. Vice -Mayor Orthwein
explained that plastic air -sol guns, which were very popular with 5th
graders and up, have a CO2 cartridge attached to them and they were
being used as an alternative to paint ball. Chief Ward said the problem
is that they look like a real gun and there are reports that kids have
been killed when they approached police officers with them, which is why
they now have an orange strip painted on the tip. Commissioner Anderson
said if Chief Ward feels that it will not be an enforcement issue, she
supports including Section 26 -5. Commissioner Devitt said that he is
okay with Section 26 -4, but agrees with Commissioner Wheeler that
Section 26 -5 should not be included. Commissioner Devitt moved to adopt
the ordinance including Section 26 -4 only. Vice -Mayor Orthwein
suggested including Section 26 -5 with the omission of the regulation of
slingshots and air guns. Commissioner Devitt stated that air guns are
the most dangerous weapon in that Section. Vice -Mayor Orthwein seconded
to adopt the ordinance with Section 26 -4 only. Chief Ward said that the
regulations set forth in Section 26 -5 are geared toward children and
that there have been problems reported in the past.
Mayor Koch requested that the Clerk review the motion on the floor.
Clerk Taylor stated that the motion and the second is that Ordinance
009 -7 be adopted on first reading, omitting Section 26 -5, and will only
include Section 26 -4, Discharge of Firearms, which reads as follows:
"Except in the lawful defense of person or property, it shall be
unlawful for any person to discharge any firearm within the Town. This
section shall not apply to law enforcement officers in the discharge of
their duties." There was no further discussion. Roll Call: Vice -Mayor
Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, NO;
Mayor Koch, AYE. The motion passed on first reading by a 3 -1 vote.
4. To regulate golf carts and their use
Mr. Randolph stated that this matter was brought before the Commission
O at the last regular meeting wherein the Commission asked him to
incorporate the various provisions discussed at that time into an
ordinance for their review. He suggested reviewing each provision
individually and state which provisions will remain or be omitted. Mr.
Randolph said Chief Ward previously indicated that he wanted to include
regulations for the towing of scooters and bikes behind the golf cart.
He said it was not included in ordinance, but could be added to the list
of prohibitions as (b)(11). Mr. Randolph explained that paragraphs (c),
(d) and (e) are regulations which were included to help enforce the
prohibitions. He said Staff felt that, in order to enforce the various
prohibitions, the carts should be registered and the registration should
include an agreement to be signed by the individual which will hold the
Regular Meeting and Public Hearing
Town Commission - October 9, 2009
Page 6
Town harmless in the event of an accident occurring during the operation
of a golf cart. He added that as part of the registration, an
individual would be required to provide proof of insurance coverage.
Mr. Randolph asked for the Commission's guidance.
Commissioner Anderson said that the ordinance is geared toward the east
side of Town and asked why the west side would not be included. Clerk
O Taylor said she believed the original law stated that golf carts are
only allowed on public streets which are so many feet or blocks from a
golf course. Mr. Randolph said the State Statute provides that in order
to allow golf carts to be used on public streets the municipality must
first conduct a study and, in addition, the municipality would designate
where they can be used and must specify the streets where they are
allowed. He said the Town conducted this study in the past and the
result may have been that the east side is close to the golf course and
the west side is not.
Vice -Mayor Orthwein asked if true golf carts are typically equipped with
turn signals and functioning headlights. Commissioner Devitt said that
individuals using carts as transportation to the golf course will have
to add equipment in order to be in compliance with some of the
provisions in this ordinance. Mayor Koch said that a true golf cart has
racks on the back and are made for two people. Mr. Randolph said that
the Commission must decide whether or not they want an ordinance
addressing the matter and, if so, are there any provisions in the
proposed ordinance they would like to enforce. Mayor Koch agreed that
they should review each provision individually and make a decision as to
whether it remains or is omitted. Vice -Mayor Orthwein pointed out that
there was nothing in the ordinance that addresses driving golf carts
over the easements to the ocean. Commissioner Devitt said that would
not be considered a Town issue.
Mr. Randolph brought attention to paragraph (b), to which he believed
there were no objections, but thought there may be some objection to
provision (b)(1). Chief Ward said that under the State Statute a golf
cart used for daytime driving must be equipped with efficient brakes,
reliable steering, safe tires, rearview mirror and red reflecting
warning devices. He said that if the Town is going to allow nighttime
use, all of the other equipment listed in provision (1) is required.
Commissioner Devitt said he has not given up the idea of allowing
nighttime driving. Mr. Randolph said the Commission must decide whether
Oor not they want to allow nighttime driving. Commissioner Devitt said
he felt only licensed drivers should be allowed to operate a golf cart.
Mr. Randolph said the Town could not enforce that and the State Statute
does not prohibit an unlicensed driver from driving a golf cart. Chief
Ward said that in reviewing ordinances of other municipalities in the
State, some include that provision. The consensus of the Commissioners
was to include the provision that only licensed drivers will be
permitted to drive a golf cart and, although he believed it was contrary
to the Statute, Mr. Randolph said he would include it.
Chief Ward said there is still a conflict with the Statute which
specifically states that golf carts used for nighttime driving must be
Regular Meeting and Public Hearing
Town Commission - October 9, 2009 Page 7
equipped with headlights, taillights and turn signals. He said the
reason for concern over nighttime driving is that in the past there have
been problems with kids driving over golf courses at night and tearing
up the greens. Mr. Randolph said if the Town Code states that only
licensed drivers are allowed to operate golf carts, those drivers will
be bound to the Statute's motor vehicle code, and if they are caught
driving at night without the equipment required under the Statute, they
can be cited under the Statute. Chief Ward said that the last sentence
in Section (8) of the Statute states that any ordinance created by a
municipality with regard to the operation of golf carts can only apply
to unlicensed drivers. He said that by requiring a golf cart operator
to have a driver's license, it is directing attention to unlicensed
drivers and, therefore, the Town would not be in conflict. Mr. Randolph
said that the Town can only be more restrictive than the Statute when
directing attention to unlicensed drivers.
Mr. Randolph suggested looking at paragraphs (a) and (b) to review what
was in place before the proposed amendments. Paragraph (a) states that
golf carts are allowed on all Town streets located east of the
Intracoastal Waterway and paragraph (b) states that golf cart operators
must be in possession of a valid driver's license and must observe all
traffic rules and regulations applicable to the drivers of any motor
vehicle. Mr. Randolph felt that the Commissioners were content with
that much and asked for their comments on (b)(1) through (10).
Commissioner Devitt thought that some of these regulations are common
sense matters. Vice -Mayor Orthwein asked how the Town would solve
issues such as packing golf carts with kids, passengers standing in the
golf carts, children and animals sitting in the lap of the driver or
passengers and the issue of towing animals. Mr. Thrasher asked if
residents have complained about such things. Chief Ward said many have
complained and these were exactly the type of issues the Town wants to
address. He said these issues are not specifically addressed in the
Statute, and, therefore the Town can impose these restrictions.
Mr. Randolph asked the Commissioners to choose the provisions they would
like to leave in and those they would like to omit or modify. He
recommended that the Commission give their consensus as he goes through
each one individually. Mayor Koch supported (a) and (b). Because the
Commissioners did not want to prohibit nighttime driving, Mr. Randolph
recommended modifying (b)(1) to read: "All golf carts must be equipped
with efficient brakes, reliable steering apparatus, safe tires, and
Orearview mirror and, if used for nighttime driving, golf carts must be
equipped with functioning headlights, taillights, turn signals,
windshield and red reflecting warning devices on the front and rear."
This would eliminate the seatbelt requirement. The consensus was to
modify (b)(1) as recommended.
Mr. Randolph suggested that, if the ordinance does not provide, as in
past, that all golf cart drivers must have a driver's license, (b)(2)
should remain which says unlicensed drivers of a golf cart shall be
accompanied a licensed driver. The consensus was to keep (b)(2).
Regular Meeting and Public Hearing
Town Commission - October 9, 2009
Page 8
Mr. Randolph recommended keeping (b)(3) because not all sixteen year
olds are licensed drivers. The consensus was to keep (b)(3) and omit
(b) (4) .
Commissioner Devitt asked if anyone had looked at the effective language
of other municipalities. Chief Ward said he looked at Tallahassee, Lee
County, Shalimar and others and that some are more restrictive and most
require a driver's license.
The Commissioners had already agreed to allow nighttime driving and,
therefore, the consensus was leave in (b)(5), but omit the first
sentence. The Commissioners were also in agreement to leave in (b)(6)
and (b)(7), omit (b)(8) prohibiting children under five from riding in
carts, leave in (b)(9), but strike "animals" and add a section
prohibiting golf carts from towing anything.
Commissioner Devitt said that the majority of golf carts are capable of
going over 20 MPH. The Commissioners agreed to leave in (b)(10), but
modify the language by striking "have been modified to" and replace with
"can ". The consensus was that requiring registration, a hold harmless
agreement and proof of insurance would be over - restrictive and,
therefore, paragraphs (c) (d) and (e) would be omitted.
Vice -Mayor Orthwein asked if anything could be added to restrict the use
of golf carts on the easements. Mr. Randolph said that is prohibited,
but it is private property and it would be a civil matter, which would
require a homeowner filing a complaint. Chief Ward said there have been
none.
Mr. Randolph stated that he would make the recommended changes and bring
the ordinance back for another 1st reading.
5. To impose a utility tax on purchase of electricity & gas
Mr. Randolph said that the State Statute allows this tax and it would be
a policy decision as to whether or not the Commission would like to
impose the tax. He said it could go up to 10 %, which is what he
included in the ordinance. Mayor Koch stated that he supports imposing
the tax at 10 %, which can be reduced at a later date. Clerk Taylor said
an opening to adopt the tax occurs four times a year. Mr. Randolph
noted that after adopting the tax, there will be 120 -day period before
it goes into affect. He said that if the Commission adopted the tax in
November, it would go into affect in April and, if adopted, it would go
Gto the utility company in order to incorporate the tax into the bills.
Commissioner Devitt.asked if it was necessary to go to the highest
percentage and Mr. Thrasher said no, but we may not be able to adjust it
higher than any cap assigned to it in the future and, therefore, if
adopted at 1 %, you can only increase it by 1% in the future. Mr.
Thrasher recommended taxing at the maximum level and restricting the
revenues, suggesting that the funds not be used for the current budget,
but go directly into reserve. Vice -Mayor Orthwein asked Mr. Thrasher if
he knew how much revenue this tax might generate and Mr. Thrasher said
it could be approximately $130,000. Commissioner Devitt asked if the 10%
tax would be on the entire bill. Clerk Taylor said it would only be
imposed on the amount of utility actually used and if the tax is adopted
Regular Meeting and Public Hearing
Town Commission - October 9, 2009
Page 9
in November to go into effect in April, you would have the remainder of
the fiscal year to replace the reserves taken out for this budget. Mr.
Randolph said that the Statute allows the tax to be imposed on water as
well as electric and gas. Mr. Thrasher said revenue from utility taxes
goes directly to the general fund and if we imposed the utility tax on
water, it would be another source of revenue, of approximately $85,000,
for the general fund. Commissioner Anderson was not sure if she would
O support imposing the tax on water because she heard that the Town's
water may be more expensive than some of the other municipalities.
Vice -Mayor Orthwein said she does not support imposing the tax on water.
Commissioner Devitt asked, why not on water rather than electricity?
Mr. Thrasher said that Palm Beach, Belle Glade, Greenacres, Royal Palm
Beach, Palm Springs, Riviera Beach and West Palm Beach all impose the
tax on water. Commissioner Devitt asked if it would be 10% of water
useage only or 10% on the entire bill, including add -ons. Clerk Taylor
said that there are add -ons such as administrative costs and said it
could be 10% on the entire bill.
Vice Mayor Orthwein moved and Commissioner Anderson seconded to adopt
the Utility Tax at 10% on electric and gas only, which revenues will be
applied to reserves. Mr. Randolph asked whether or not the language in
the ordinance, as it relates to the disbursement of revenues, would need
to be modified based on the motion. Mr. Thrasher said that the budget
has been adopted and he does not have the authority to disburse funds so
the language would not have to be modified. Clerk Taylor noted that any
leftover funds would automatically be applied to surplus. Clerk Taylor
read from Commissioner Wheeler's comments that he opposes this as
another form of tax and that, in the event that the TABOR bill is
approved by voters, capping all revenues at some percentage, it would
not prohibit the Town from establishing utility taxes in the future.
He commented, as an example, that the town could impose the utility tax
and offset that specific increase in revenue by decreasing the millage
rate and ad valorem revenues and that the reduction in ad valorem
revenues would be sufficient enough to meet the total revenue cap
requirement. Clerk Taylor read the title of Ordinance 009/8, passed on
1st reading this 9th day of October, 2009. There was no further
discussion. All voted AYE.
Mr. Thrasher commented on a public statement made by FP &L that utility
service taxes such as this have a positive impact on the environment,
reducing usage.
C; 6. Designating Delray Beach Bldg. Dept. as Gulf Stream's
Building Department
Mr. Randolph explained that this proposed ordinance provides that the
City of Delray Beach's building codes be adopted in the Town and that
the City of Delray Beach be involved in the issuance of inspections and
permits rather than Palm Beach County. The Commission was in favor of
this ordinance and Clerk Taylor read the title of Ordinance #009/9.
Vice -Mayor Orthwein moved and Commissioner Devitt seconded to pass
Ordinance 009/9 on first reading this 9th day of October, 2009. There
was no discussion. All voted AYE.
Regular Meeting and Public Hearing
Town Commission - October 9, 2009
Page 10
C. Items by Mayor& Commissioners
1. Objections to Proposed Actions Within the Intracoastal
Waterway Plan for Palm Beach County from the Town of Palm
Beach -Mayor Koch
Mayor Koch stated that the Town should be proactive in this matter and
O asked Mr. Randolph to explain the issue. Mr. Randolph said the
correspondence is the result of communication from the Mayor of Palm
Beach to the Mayor of Gulf Stream and several other mayors, and
indicates that the various municipalities affected by these actions
should state their objections to the formation of the Intracoastal
Waterway Committee that will oversee the uses within the Intracoastal
Waterway. The objections stated by some of the municipalities include:
(1) The creation of a Palm Beach County Commission to oversee Plan
implementation, including management and marketing, because they see it
as a wasteful and unnecessary expansion of government; (2) the fact that
they propose to identify street -end park opportunities and develop
regulations to require their establishment and maintenance, because
municipalities feel it is something that should be done locally; (3)
their plan to develop a public access program for spoil islands and
other restoration efforts within and along the Intracoastal Waterway,
because it would require boat ramps, and (4) their plan to develop a
stormwater utility to be operated by the Palm Beach County Utilities
Department with coverage area at a minimum inclusive of properties
within a half mile east and west of the Intracoastal Waterway, because
it would mean more taxes. Mr. Randolph asked if the Commission was in
agreement with the other municipalities' objections and in opposition to
the proposal and, if so, would they want to authorize the Mayor to
address a letter to the County, the Treasure Coast Regional Planning
Council and the MPO stating their opposition to this proposal. Mr.
Thrasher referred back to the correspondence from the Mayor of Palm
Beach stating that it highlights five objections from other
municipalities and recommended that the Town go with only the four
objections read by Mr. Randolph and omitting the objection to conducting
a planning analysis to further evaluate the Lake Worth "Jewel Cove"
marina village concept. Vice -Mayor Orthwein moved and Commissioner
Anderson seconded to authorize the Mayor to address correspondence to
Palm Beach County, the Treasure Coast Regional Planning Council and the
MPO stating the Town's objections to the proposal, which include: (1)
Creating the Palm Beach County Waterway Committee; (2) identifying
street -end park opportunities; (3) developing a public access program
for spoil islands and other restoration efforts, and; (4) developing a
stormwater utility to be operated by the Palm Beach County Utilities
Department.
Mr. Thrasher asked Mayor Koch if an appropriation of funds is necessary
for this type of cooperation with the Town of Palm Beach. Mayor Koch
said it is not necessary at this time and that the Town has only been
asked to write a letter. The Mayor added that the Commission should
consider the creation of ordinances that would protect the Town from
Regular Meeting and Public Hearing
Town Commission - October 9, 2009 Page 11
this proposal, if it should go through. There was no further
discussion. All voted AYE.
IX. Public. There was no public comment.
X. Adjournment. Being no further business to come before the
Commission, Commissioner Devitt moved and Vice -Mayor Orthwein seconded
r to adjourn the meeting. All were in favor. Mayor Koch adjourned the
meeting at approximately 10:55 A.M.
c
Gail C. Abbale
Administrative Assistant
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, November 13,
2009, 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:
ORDINANCE NO. 009/5; AN ORDINANCE OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM
BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66,
ZONING, AT ARTICLE VIII, SUPPLEMENTARY DISTRICT
REGULATIONS, DIVISION 3, CARPORTS, GARAGES, STORAGE
FACILITIES, BY INCLUDING A NEW SECTION 66 -384 WHICH
WILL ALLOW FOR THE PLACEMENT OF TEMPORARY ROLL OFF
STORAGE UNITS ON A PROPERTY FOR A PERIOD NOT TO
EXCEED SEVEN DAYS SUBJECT TO THE PROPERTY OWNER
OBTAINING A PERMIT FOR THE PLACEMENT OF SAID UNITS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE
ORDINANCE NO. 009/6; AN ORDINANCE OF
THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
2, ADMINISTRATION, AT ARTICLE III, BOARDS AND
COMMISSIONS, DIVISION 2, CODE ENFORCEMENT, BY
AMENDING SECTION 2 -70 THEREOF TO INCLUDE A PROVISION
AUTHORIZING THE IMPOSITION OF AN ADMINISTRATIVE FEE
OF $150.00 IN THE EVENT OF A FINDING OF NON-
COMPLIANCE IN ADDITION TO ANY FINE WHICH MAY
OTHERWISE BE IMPOSED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
ORDINANCE NO. 009/7; AN ORDINANCE OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, AMENDING CHAPTER 26, OFFENSES, TO
INCLUDE A NEW SECTION 26 -4, TITLED DISCHARGE OF
FIREARMS, MAKING IT UNLAWFUL FOR ANY PERSON TO
O DISCHARGE A FIREARM WITHIN THE TOWN; RENUMBERING
EXISTING SECTION 26 -4 TO 26 -5; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
ORDINANCE NO. 009/8; AN ORDINANCE OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, AMENDING THE TOWN CODE OF
ORDINANCES BY INCLUDING A NEW CHAPTER 35, TITLED
PUBLIC UTILITIES TAX, IMPOSING A PUBLIC UTILITIES
TAX EQUAL TO TEN PERCENT UPON THE CHARGE MADE BY
THE SELLER THEREOF ON ELECTRICITY, METERED OR
BOTTLED GAS PURCHASED IN THE TOWN; PROVIDING FOR
COMPUTATION; PROVIDING AN EXCLUSION FOR FUEL
ADJUSTMENT CHARGES; PROVIDING FOR THE DUTY OF SELLER
TO COLLECT AND REMIT TAX; PROVIDING FOR MAINTENANCE
OF RECORDS OF SELLERS; PROVIDING EXEMPTIONS FOR
GOVERNMENTAL SERVICES; PROVIDING FOR DISPOSITION OF
REVENUES; PROVIDING FOR VIOLATION PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 009/9; AN ORDINANCE OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, AMENDING CHAPTER 42, BUILDINGS AND
BUILDING REGULATIONS, ARTICLE II, CONSTRUCTION
STANDARDS, AT SECTION 42 -2 ADOPTING THE BUILDING
CODES OF THE CITY OF DELRAY BEACH BY REFERENCE;
PROVIDING FOR THE ISSUANCE OF PERMITS BY THE CITY OF
DELRAY BEACH; PROVIDING FOR INSPECTIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES
IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
The proposed ordinances noticed here are available to the public on
weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between
the hours of 9:00 A.M. and 4:00 P.M.
ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town
Commission at the time and place aforesaid and be heard. Pursuant to
the provisions of the Americans with Disabilities JD�ct, any person
requiring special accommodations to participate in this meeting, because
of disability or impairment, should contact the Town Clerk, 561 - 276 -5116
at least five (5) days prior to the hearing in order for the Town to
reasonably accommodate the request.
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: October 31, 2009
TOWN OF GULF STREAM, FLORIDA
24C �-
Rita L. Taylor, T wn Clerk
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 Ellen Sanita, who on
oath says that she is Call Center Revenue Manager 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 009/5 009/6 009/7 009/8 & 009/9 was published
in said newspaper in the issues of October 31. 2009. 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. Also published in Martin and St. Lucie Counties.
Sworn to and subscribed before 2 "a day of November, A.D. 2009
Who is personally known to me. "M
NOTARY PUBUCSTATE OF FLORIDA
A%' % Karen M. McUnton
.Commission #DD832672
. v Expires: NOV.15, 2012
HGHDPD THRO ATLA.'17tC PANDING CO, INC.
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