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.
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