HomeMy Public PortalAbout09/17/2013 * Special MeetingMINUTES OF THE SPECIAL MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, ON TUESDAY, SEPTEMBER 17, 2013 AT
9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I.
II.
Call to Order: Mayor Orthwein called the Meeting to order at 9:00 A.M.
Pledge of Allegiance: Mayor Orthwein led the Pledge of Allegiance.
III. Roll Call:
Present and
Participating
Via Telephone
Also Present and
Participating
Joan K. Orthwein
Thomas M. Stanley
Robert W. Ganger
Donna S. White
W. Garrett Dering
William H. Thrasher
Rita L. Taylor
Thomas Baird
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Acting Town Counsel
IV. PUBLIC HEARING:
1. Proposed Development Agreement — 23 Hidden Harbour Dr.
Acting Town Counsel Baird read the changes in Exhibit C of the Development Agreement from the first
Public Hearing. He reported that the Agreement is now oriented in a manner which allows the reader to
more readily read the document. Town Counsel Baird continued that there is now a reference to the water
area. He stated that the document was not clear enough in terms of what, if anything, could be put into the
water extended from the lot. Town Counsel Baird continued that following the word "water" on the thud
line, it now reads "provided that such water structures are approved by the Town of Gulf Stream ", which
means that the Town will follow its Code Section 66-369 in terms of docks. Town Counsel Baud further
stated that anything placed in the water will have to conform to the code. He also addressed the change in
Exhibit B which is the Settlement Agreement that is incorporated into the Development Agreement on Page
2, Paragraph 1, regarding the term "improvement ". Town Counsel Baud continued "as used in the
Settlement Agreement shall also include future improvements to be constructed on the property ".
Vice -Mayor Stanley inquired as to what was being added with regard to the Declaration of Conditions for
Hidden Harbor Estates that is enclosed.
Ci Acting Town Counsel Baird explained that nothing is actually being added to the Declaration. He
continued that Mr. O'Boyle's Attorney, Mr. William Ring, supplied it as further explanation with regard to the
structures that will be built on the lot.
Vice -Mayor Stanley inquired if the Town assumes that the Town Code is "trumping" the HOA Declaration.
Acting Town Counsel Baird replied "Yes ".
Special Meeting and Public Hearing
Town of Guff Stream
September 17, 2013 — Page 2
Mayor Orthwein asked for any questions or further comments.
There were no comments.
2. Resolution No. 013 -04; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA, APPROVING AND INCORPORATING
Ci THEREIN A DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND
MARTIN E. O'BOYLE WHICH AMONG OTHER THINGS GOVERNS THE
DEVELOPMENT INTENSITY, LOT COVERAGE, AND HEIGHT OF ANY SINGLE
FAMILY RESIDENTIAL STRUCTURE TO BE CONSTRUCTED AT 23 HIDDEN
HARBOUR DRIVE WITHIN THE TOWN OF GULF STREAM, FLORIDA; AND
PROVIDING FOR AN EFFECTIVE DATE.
Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve Resolution No. 013 -04,
and further to authorize the Mayor to initial certain changes provided by the Town Counsel in agreement at
this meeting. All voted AYE.
Mayor Orthwein asked for any comments from the public. There were none.
V. Adjournment:
Mayor Orthwein adjourned the meeting at 9:10 A.M.
Recording Secretary