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HomeMy Public PortalAbout01/09/2009NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Hearing on Thursday, January 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, February 13, 2009 Chambers of the Town Hall, which the following will be An application submitted by Gary Eliopoulos as agent for David & Patricia Knobel, owners of property located at 1255 & 1267 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 8, Block D, Revised Plat of Block D and Block E, Palm Beach Shore Acres Subdivision, for the following: LAND CLEARING PERMIT to clear the property for construction. NORTH OCEAN BLVD. OVERLAY PERMIT to allow construction of a wall and landscape improvements within the AlA Corridor. SPECIAL EXCEPTION to permit 258 sq. ft. of unenclosed porch over the maximum FAR permitted. LEVEL 3 SITE PLAN REVIEW to permit construction of 11,571 sq. ft. 2 story with basement, Gulf Stream Bermuda single family home with guest cottage and 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: January 7, 2009 TOWN OF GULF STREAM, FLORIDA 2 / Y4 L 7;:: Rita L. taylor, ToQ Clerk January 2, 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 OTHE TOWN OF GULF STREAM ON FRIDAY, JANUARY 9, 2009 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. ArF.N n I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of December 12, 2008. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. February 13, 2009 @ 9 A.M. 2. March 13, 2009 @ 9 A.M. 3. To be determined 4. May 8, 2009 @ 9 A.M. 5. Junel2, 2009 @ 9 A.M. 6. July 10, 2009 @ 9 A.M. VII. Reports. A. Town Manager B. Architectural Review & Planning Board 1. Meeting Dates a. January 22, 2009 @ 8:30 A.M. b. February 26, 2009 @ 8:30 A.M. c. March 26, 2009 @ 8:30 A.M. d. April 23, 2009 @ 8:30 A.M. e. May 28, 2009 @ 8:30 A.M. f. June 25, 20090 @ 8:30 A.M. C. Finance Director 1. Financial Report for December 2008 D. Police Chief 1. Activity For December 2008 VIII. Correspondence. A. Resolution #2008 -26941 Supporting Amendments To The Florida Statutes To Increase Mortgage Holders' Responsibility For Delinquent Condominium, Co- operative, And Homeowner Associations Fees, Regular Assessments And Special Assessments On Units In Foreclosure And On Foreclosed Units. City of Miami Beach. B. Requesting support and participation in a campaign to increase civic awareness and educate citizens on the fundamentals of municipal services -Fla. League of Cities C. Resolution #66 -2008 Urging The Florida Legislature To Equalize Funding Based On Population To Provide Each Region Of Florida, Including South Florida, Its Fair Share Of State Funding; Superseding Conflicting Resolutions And Providing An Effective Date -City of Lake Worth. D. Resolution #08 -54 Urging No Action Be Taken By Solid Waste Authority To Locate Proposed New Landfill Until Or Unless Presentations Are Made To Educate The Citizens In The Western Communities In Order That They May Be Informed And Included Prior To A Final Determination Being Made; Providing An Effective Date; And For Other Purposes.- Village of Royal Palm Beach. AGENDA CONTINUED OIX. Commission Action. A. ORDINANCE No. 009/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 6 OF THE TOWN CODE OF ORDINANCES RELATING TO ANIMALS TO INCLUDE A NEW SECTION 6 -9 TITLED LEADING OF DOGS FROM CONVEYANCES UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st reading) B. Resolutions. 1. No. 009 -1; A Resolution Of the Town Commission Of The Town Of Gulf Stream, Palm Beach County, Florida, Supporting Amendments To The Florida Statutes To Increase Mortgage Holders' Responsibility For Delinquent Condominium, Co- operative, And Homeowner Associations Fees, Regular Assessments And Special Assessments On Units In Foreclosure And On Foreclosed Units; And Providing For An Effective Date. 2. No. 009 -2; A Resolution Of The Town Commission Of The Town Of Gulf Stream, Palm Beach County, Florida, Recognizing The "Building Citizenship In The Community; Back To Basics" Initiative Of The Florida League Of Cities, Inc., And Pledging Support For This Statewide Effort. 3. No. 009 -3; A Resolution Of The Town Commission Of The Town Of Gulf Stream, Palm Beach County, Florida, App- roving The First Amendment To The Interlocal Agreement To Promote Undergrounding Of Utility Facilities And Related Implementation Activities Between The Town And Florida Municipalities, And Authorizing The Mayor To Execute The Same On Behalf Of The Town. C. Items by Mayor and Commissioners. X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 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. Mayor Koch called the meeting to order at 9:00 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 Muriel J. Anderson Commissioner Absent: Chris D. Wheeler Commissioner Also Present and William Thrasher Town Manager Participating: John Randolph Town Attorney Garrett Ward Police Chief Rita Taylor Town Clerk IV. Minutes of the Regular Meeting of December 12, 2008. Commissioner Anderson moved and Commissioner Devitt seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were none requested. VI. Announcements. A. Re 1. 2. 3. 4. 5. 6. gular Meetings and Public Hearings February 13, 2009 @ 9 A.M. March 13, 2009 @ 9 A.M. To be determined May 8, 2009 @ 9 A.M. Junel2, 2009 @ 9 A.M. July 10, 2009 @ 9 A.M. Mayor Koch announced these dates. Commissioner Devitt reminded that he would not be available for the February 13th meeting. The April meeting was scheduled for Thursday April 9, 2009. VII. Reports. A. Town Manager B. Architectural Review & Planning Board 1. Meeting Dates a. January 22, 2009 @ 8:30 A.M. b. February 26, 2009 @ 8:30 A.M. c. March 26, 2009 @ 8:30 A.M. d. April 23, 2009 @ 8:30 A.M. e. May 28, 2009 @ 8:30 A.M. f. June 25, 20090 @ 8:30 A.M. These dates were announced. Regular Meeting & Public Hearing Town Commission January 9, 2009 page 2 C. Finance Director 1. Financial Report for December 2008 Mr. Thrasher asked that the Financial Report be accepted as submitted, if there were no questions. OCommissioner Anderson asked about the repair costing $1812.52 at the Little Club. The Town Manager explained that the repair was to the Town's water main and it is the full responsibility of the Town. Commissioner Orthwein moved and Commissioner Anderson seconded to approve the Financial Report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE and Mayor Koch; AYE. D. Police Chief 1. Activity for December 2008 Chief Ward asked that the Activity Report for December 2008 be accepted as submitted, if there were no questions. Commissioner Anderson asked if the alarm activity is normal. Chief Ward explained that some of the alarm activity is due to power outages and it is normal. Mayor Koch asked about the semi - trucks parked by the club along AlA. Chief Ward explained that the trucks are delivering cars from up north and they park in that area and make arrangements for home owners to pick up their vehicles instead of delivering them to the homes because the streets are so narrow. The Mayor had some concerns that the construction area at 1709 N. Ocean Blvd., is being littered with debris from the construction crew. He asked that the police department monitor the area. VIII. Corresuondence. A. Resolution #2008 -26941 Supporting Amendments To The Florida Statutes To Increase Mortgage Holders' Responsibility For Delinquent Condominium, Co- operative, And Homeowner Associations Fees, Regular Assessments And Special Assessments On Units In Foreclosure And On Foreclosed Units. City of Miami Beach. Town Clerk Taylor read Resolution #2008 -26941 by title and added that a similar Resolution was prepared in case the Commission decided to support the Amendments. B. Requesting support and participation in a campaign to increase civic awareness and educate citizens on the fundamentals of municipal services -Fla. League of Cities Town Clerk Taylor read the request supporting and participation in a campaign to increase civic awareness and educate citizens on the fundamentals of municipal services from Florida League of Cities. 0 Regular Meeting & Public Hearing Town Commission January 9, 2009 page 3 She advised that a similar one was prepared for the Commission should they decide to support and participate in a campaign. C. Resolution #66 -2008 Urging The Florida Legislature To Equalize Funding Based On Population To Provide Each Region Of Florida, Including South Florida, Its Fair Share Of State Funding; Superseding Conflicting Resolutions And Providing An Effective Date -City of Lake Worth. Town Clerk Taylor read Resolution #66 -2008 by title. D. Resolution #08 -54 Urging No Action Be Taken By Solid Waste Authority To Locate Proposed New Landfill Until Or Unless Presentations Are Made To Educate The Citizens In The Western Communities In Order That They May Be Informed And Included Prior To A Final Determination Being Made; Providing An Effective Date; And For Other Purposes. - Village of Royal Palm Beach. Town Clerk Tayloi read Resolution #08 -54 by title. Mayor Koch commented that he does not know enough about the Resolutions to make an informed decision. Attorney Randolph advised that municipalities are obligated to inform other towns of what they are planning to do in the future. The Commission votes only on the items that they feel strongly about. IX. Commission Action. A. ORDINANCE No. 009/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 6 OF THE TOWN CODE OF ORDINANCES RELATING TO ANIMALS TO INCLUDE A NEW SECTION 6 -9 TITLED LEADING OF DOGS FROM CONVEYANCES UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st reading) Town Clerk Taylor read Ordinance No. 009/1 by title. There were no comments from the public. Town Manager Thrasher stated that he had several complaints regarding residents driving their golf carts and leading their animals alongside on a leash. He advised, that in review of the situation, an Ordinance would give the police more control. CCommissioners Devitt, Orthwein and Anderson were not in favor of the Ordinance and suggested putting information in the newsletter or restricting the length of the leash. Commissioner Anderson stated that allowances should be made for residents that are physically handicapped and unable to walk with their pet. Chief Ward stated that the Ordinance is the only way to take any decisive action. Regular Meeting & Public Hearing January 9, 2009 Town Commission page 4 John Norman, 3212 Gulf Stream Road, commented that there should be a handicap privilege for riding the golf cart. Commissioner Orthwein stated that the Commission is not prepared to make a decision and suggested gathering more information and postponing action on an ordinance to the next meeting. Commissioner Orthwein moved and Commissioner Anderson seconded to table this item until the next meeting. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE and Mayor Koch; AYE. B. Resolutions. 1. No. 009 -1; A Resolution Of the Town Commission Of The Town Of Gulf Stream, Palm Beach County, Florida, Supporting Amendments To The Florida Statutes To Increase Mortgage Holders' Responsibility For Delinquent Condominium, Co- operative, And Homeowner Associations Fees, Regular Assessments And Special Assessments On Units In Foreclosure And On Foreclosed Units; And Providing For An Effective Date. Town Clerk Taylor read Resolution No. 009 -1 by title. She explained that on foreclosed properties, the parties are exempt from paying the assessment and association fees and the burden is left up to the other residents. Commissioner Anderson moved and Commissioner Orthwein seconded to adopt Resolution No. 009 -1. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE and Mayor Koch; AYE. 2. No. 009 -2; A Resolution Of The Town Commission Of The Town Of Gulf Stream, Palm Beach County, Florida, Recognizing The "Building Citizenship In The Community; Back To Basics" Initiative Of The Florida League Of Cities, Inc., And Pledging Support For This Statewide Effort. Town Clerk Taylor read Resolution No. 009 -2 by title and explained that this Resolution supports on Home Rule. Commissioner Anderson moved and Commissioner Orthwein seconded to adopt Resolution No. 009 -2. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE and Mayor Koch; AYE. 3. No. 009 -3; A Resolution Of The Town Commission Of The O Town Of Gulf Stream, Palm Beach County, Florida, App- roving The First Amendment To The Interlocal Agreement To Promote Undergrounding Of Utility Facilities And Related Implementation Activities Between The Town And Florida Municipalities, And Authorizing The Mayor To Execute The Same On Behalf Of The Town. Town Clerk Taylor read Resolution No. 009 -3 by title. Mr. Thrasher reported that the agreement with Municipal Underground Utility Consortium (MUUC) expired 1/1/09. He explained that they meet on a regular basis via conference call for help with the hearings held by the Public Service Commission (PSC). He advised that the Town is not obligated to fund the Consortium but it is encouraged. Regular Meeting & Public Hearing January 9, 2009 Town Commission page 5 The Town Manager stated that the Agreement has been reviewed for legal sufficiency and he is recommending that the Commission enter into the agreement. He added to date the Town has contributed $3000, which is about 1 percent of what the group contributes and that in the coming months the Consortium will be asking for additional funding. He added that it is important to have as many names as possible in the consortium Oas it carries weight with the PSC. Mayor Koch suggested that the Manager come back to the Commission at the time the funds are needed Commissioner Orthwein moved and Commissioner Anderson seconded to adopt Resolution No. 009 -3 and authorize the Mayor to execute the same on behalf of the town. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE and Mayor Koch; AYE. C. Items by Mayor and Commissioners. There were no items. X. Public. Mr. Norman asked if he could replace his cement tile roof with a metal roof. Mayor Koch stated that roofs have been part of the Code review and at the last review metal roofs were not approved. Town Manager Thrasher explained that the Code is currently being codified and there was extensive research into metal roofs. There is no indication that there would be any changes in the near future. He added that a roofing specialist was brought in and he did not recommend metal roofs on the barrier island. Mr. Thrasher stated that he would be happy to meet with Mr. Norman to review his options. Commissioner Devitt stated that roofs are always part of a Code review as new materials are manufactured. Mr. McCrady, 3883 N. Ocean Blvd., asked why there are excessive power failures in Town. He asked if the town could bury the power lines. OMr. Thrasher stated that the town is not directly involved with power outages, and if there is a problem he should call Florida Power & Light (FP &L) directly. He added that a lot of consideration has been given to undergrounding but it is quite costly. The Town Manager explained that the meetings with MUUC help with the hearings between the PSC and FP &L for undergrounding financial grants. He added that there is an estimated credit for undergrounding from FP &L for 25 percent which the town believes is too low and should be at least 50 percent. Regular Meeting & Public Hearing January 9, 2009 Town Commission page 6 XI. Adjournment. Mayor Koch adjourned the meeting at 9:45 A.M. yputonnenE�kerCtj. CMCy Town rk