Loading...
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. 1 `,