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Home My Public Portal About11/12/2004November 5, 2004 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, NOVEMBER 12, 2004 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 A. Regular Meeting of October 8, 2004 B. Special Meeting of October 25, 2004 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. December 10, 2004 @ 9 A.M 2. January 14, 2005 @ 9 A.M. 3. February 11, 2005 @ 9 A.M. 4. March 11, 2005 @ 9 A.M. 5. April 8, 2005 @ 9 A.M. VII. Reports. A. Town Manager B. Town Attorney 1. Discussion RE: Existing non - conforming hedges C. Architectural Review & Planning Board 1. Meeting Dates a. December 16, 2004 @ 9 A.M. b. January 27, 2005 @ 9 A.M. t ) c. February 24, 2005 @ 9 A.M. �. D. Finance Director 1. Financial Report for October 2004 E. Police Chief 1. Activity for October 2004 VIII. Items for Commission Action. A. RESOLUTION NO. 004 -13; A Resolution of the Town Commission of the Town of Gulf Stream, Florida, opposing an amendment to the Florida Constitution requiring that every amendment to a city's or county's Comprehensive Plan be subject to a vote of the respective city's or county's electorate. B. Items by Mayor and Commissioners. IX. Correspondence. A. Resolution No. 60 -04 requesting the State of Florida to conducta full investigation of Florida Power & Light's practices -Town of Palm Beach, Florida 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, NOVEMBER 12, 2004 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 9 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner William A. Lynch Commissioner Absent with Notice: Robert W. Hopkins II Commissioner Also Present William Thrasher Town Manager Participating: John Randolph Town Attorney Rita Taylor Town Clerk Edward Allen Police Lieutenant IV. Minutes A. Regular Meeting of October 8, 2004 B. Special Meeting of October 25, 2004 Commissioner Lynch moved and Commissioner Orthwein seconded that These minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes requested. VI. Announcements. A. Regular Meetings and Public Hearings 1. December 10, 2004 @ 9 A.M 2. January 14, 2005 @ 9 A.M. 3. February 11, 2005 @ 9 A.M. 4. March 11, 2005 @ 9 A.M. 5. April 8, 2005 @ 9 A.M. VII. Reports. �J A. Town Manager Town Manager Thrasher advised that earlier this week the Town received a memo with regard to Post Disaster Mitigation Project Funding Opportunities. He explained that the Town has been a participating member of the Local Mitigation Strategy (LMS) Steering Committee for several years. The Town has two projects, sewer installation and underground electric service, that are on the LMS priority list for funding. With the amount of money that has been appropriated each year in the past, it did not appear that our projects would ever get funded. We are now informed that additional funding has been made available based on 7.5% of the total losses claimed in Palm Beach County under the Town Commission Regular Meeting November 12, 2004 Page 2 Public Assistance and Individual Assistance programs as a result of the recent hurricanes, he said. While the amount is not yet known, it is estimated to be in the millions and Mr. Thrasher stated that at least the sewer project and possibly the underground electric project could possibly be considered for 50% of the cost. He stated that in order to further be considered for the grant, it will be necessary that the Town give notice to the LMS Steering Committee by November 30, 2004 that they intend to submit a formal application, and then prepare a very lengthy application for each project. He asked for direction in this regard. Considerable discussion followed in which it was agreed that at some point, the residents would be advised of the proposed projects and an approximate cost along with a request for their comments. It was agreed that the Town's share would have to be obtained through a bond issue. Mr. Thrasher reminded that the Town has the engineering study for the sewer project in which many of the questions are answered. Mayor Koch suggested that the engineer who prepared the study appear at the next meeting. Mr. Thrasher suggested that the Commissioners write down their questions and give them to him. He felt he might be able to answer them and if not, then call the engineer to appear. The Commissioners agreed to this suggestion and authorized the Town Manager to send the letter of intent to submit the applications. B. Town Attorney 1. Discussion RE: Existing non - conforming hedges Attorney Randolph advised he is in the process of preparing an ordinance to implement the provisions related to sizes and placement of docks and boats and the height of hedges in the setback adjacent to the Intracoastal. He asked for direction with regard to the existing hedges that will not conform to the new regulation. He advised that hedges are not usually grandfathered in that they can easily be cut or removed in order to comply. He suggested that the Commission may want to consider some type of amortization period in order to bring them into conformity. It was unanimously agreed that a deadline for conformity be set for September 1, 2005 and that Mr. Thrasher prepare a list of all residents having hedges that will be nonconforming as a result of the new Ordinance. C. Architectural Review & Planning Board 1. Meeting Dates a. December 16, 2004 @ 9 A.M. b. January 27, 2005 @ 9 A.M. c. February 24, 2005 @ 9 A.M. D. Finance Director 1. Financial Report for October 2004 The Town Manager advised there is no financial report due to the audit being in progress. E. Police Chief 1. Activity for October 2004 Lieutenant Allen asked that the report be accepted as submitted, if there were no questions. The Mayor noted that there was one report of a battery and the Lieutenant stated it was connected to a domestic problem. Town Commission Regular Meeting November 12, 2004 Page 3 VIII. Items for Commission Action. A. RESOLUTION NO. 004 -13; A Resolution of the Town Commission of the Town of Gulf Stream, Florida, opposing an amendment to the Florida Constitution requiring that every amendment to a city's or county's Comprehensive Plan be subject to a vote of the respective city's or county's electorate. Commissioner Orthwein moved for the adoption of Resolution No. 004 -13 and Commissioner Lynch seconded the motion. All voted AYE at Roll Call. B. Items by Mayor and Commissioners. There were no items by the Mayor or Commissioners IX. Correspondence. A. Resolution No. 60 -04 requesting the State of Florida to conduct a full investigation of Florida Power & Light's practices -Town of Palm Beach, Florida. This was made a part of the official record. The Town Clerk advised that she had prepared a similar Resolution if the Commission was inclined to support this request. Mayor Koch asked the Clerk to read the Resolution by title as follows: RESOLUTION NO. 004 -14; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING THE STATE OF FLORIDA TO CONDUCT A FULL INVESTIGATION OF FLORIDA POWER 7 LIGHT'S PRACTICES. Commission moved for the adoption of Resolution No. 004 -14 and Commissioner Lynch seconded. All voted AYE at Roll Call. X. Public. There was no public comment. Xi. Adjournment. Mayor Koch adjourned the meeting at 10:10 A.M. 7rJA Rita Taylor, wn Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on December 16, 2004 at 8:30 A.M., and the Town Commission will hold a Public Hearing on January 14, 2005 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf U Stream, Florida, at which the following will be considered: An application submitted by John Baccari, agent for Michael & Sandra Maier, owners of the property located at 2554 Avenue Au Soleil, Gulf Stream, Florida, legally described as Lot 44, Place Au Soleil Subdivision, for the following: 1. 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 does not represent a logical extension of the existing structure. 2. 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. 3. 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. 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. 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