HomeMy Public PortalAbout02/09/1996February 1, 1996
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
Joan K. Orthwein
A. Curtis True, M.D.
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 9, 1996, 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 /Public Hearing Held January 12, 1996.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing to be held on Friday
March 8, 1996 at 9:00 A.M.
2. Certification of Election to be held on Friday, March 15,
1996 at Noon.
3. Regular Meeting & Public Hearing to be held on Friday, April
12, 1996 at 9:00 A.M.
4. Regular Meeting & Public Hearing to be confirmed for May
10, 1996 at 9:00 A.M.
B. Election to be held on Tuesday, March 12, 1996, in the Town Hall
from 7 A.M. to 7 P.M.
VII. PUBLIC HEARING -Board of Adjustment.
A. Applications for Development Approval
1. Delma Swilley of Del Swilley, Inc. as agent for John L.
McGraw, 1601 N. Ocean Blvd., Gulf Stream, Florida, owner
of the property located at 1665 N. Ocean Blvd., Gulf Stream,
Florida, that is legally described in metes and bounds in
Section 10, Township 46 South, Range 43 East, Consisting of
1.27 acres.
a. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit the
demolition of the dwelling, a swimming pool with concrete
deck, a wooden deck, and a concrete driveway with entry
columns,and to determine if the site plan is consistent
with all applicable sections of the Gulf Stream Design
Manual.
b. SPECIAL EXCEPTION -To permit the existing metal storage
shed and the existing wood gazebo to remain on the
property after the other structures are demolished and
still have the property revert to a vacant lot status.
c. AlA VEGETATIVE DISTURBANCE PERMIT -To permit landscape
material to be placed over the area of the existing
driveway apron along AlA.
VIII. Reports.
A. Town Manager
B. Town Attorney
C. Architectural Review and Planning Board
1. Public Hearing to be held on Wednesday, February 28, 1996
at 8:30 A.M.
D. Finance Director
1. Financial Report for January, 1996
2. Clarification letter regarding 1995 Audit Report from
Ernst & Young.
E. Police Report for January, 1996
F. Construction in Progress in January, 1996
February 1, 1996
AGENDA CONTINUED
IX. Items for Commission Action.
A. Proposed 3 year agreement with Ernst & Young for auditing
services.
B. Items by Commissioners
X. Correspondence.
A. Resolution No. 7 -96 supporting the dissolution of the South
Lake Worth Inlet District and the assumption of the operation
and maintenance of the South Lake Worth Inlet District by
Palm Beach County. -City of Lake Worth
XI. Public.
XII. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION /BOARD OF ADJUSTMENT 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, FEBRUARY 9, 1996, 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
Commissioner Armour.
III. Roll Call.
Present and William F. Koch, Jr. Mayor
participating: Alan I. Armour Vice Mayor
James E. Cross Commissioner
Joan K. Orthwein Commissioner
A. Curtis True, M.D. Commissioner
Also present & E. Scott Harrington
participating: John Randolph
Rita Taylor
William Gwynn
Robert Schultz
Del Swilley
Paul Bremer
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
Agent for Mr. McGraw
Ernst & Young
IV. Minutes of the Regular Meeting /Public Hearing Held January 12, 1996.
Commissioner Armour moved and Commissioner True seconded that the
minutes be approved as circulated. Roll Call: Comm. Orthwein; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE and Mayor Koch; AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
A. Mayor Koch requested to add Item VIII.B.1.,A definition of
"Single Family" under the Town Attorney Reports. He further requested that
that Items VIII.D.2. and IX.A. involving Mr. Paul Bremer of Ernst & Young
be heard next on the agenda. The Town Clerk requested to add as Item IX.B.,
Resolution 8 -96 from the City of Lake Worth in relation to graffiti
eradication. There were no objections to these changes.
Mayor Koch asked Mr. Paul Bremer of Ernst & Young to approach the podium.
Mayor Koch then pointed out that the letter of clarification with regard
to a recommendation that was contained in the audit that the Town should
review the audit reports of I.C.M.A., in that they hold assets of the Town
through the 401 Retirement Plan and the 457 Plan,has been received from
Mr. Bremer. He asked if the Commissioners had any questions for Mr. Bremer
regarding this clarification and there were no questions. Mayor Koch then
called attention to the Engagement Letter providing for Ernst & Young to
audit and report on the general purpose financial statement of the Town
for the years ending September 30, 1996, 1997 and 1998. He noted that
Attorney Randolph had suggested amendments to the proposed agreement, a
copy of which had been furnished to the members of the Commission. Mayor
Koch asked Mr. Bremer if he had any objections to these amendments and Mr.
Bremer stated he was agreeable to making the amendments to the agreement.
Commissioner Armour moved and Commissioner Cross seconded that the agreement
for auditing services be approved as amended and that the Town Manager be
authorized to execute same. Roll Call: Comm. Orthwein; AYE, Comm. Armour;
AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Town Commission - February 9, 1996
Regular Meeting & Public Hearing page 2
VI. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing to be held on Friday
March 8, 1996 at 9:00 A.M.
2. Certification of Election to be held on Friday, March 15,
1996 at Noon.
3. Regular Meeting & Public Hearing to be held on Friday, April
12, 1996 at 9:00 A.M.
4. Regular Meeting & Public Hearing to be confirmed for May
10, 1996 at 9:00 A.M.
The Town Clerk read these announcements and all of the Commissioners agreed
to confirm the May 10, 1996, 9:00 A.M., Regular Meeting & Public Hearing.
B. Election to be held on Tuesday, March 12, 1996, in the Town Hall
from 7 A.M. to 7 P.M.
The Town Clerk made this announcement and pointed out that if no more than
five persons qualified as candidates for the Commission, it is not necessary
to hold an election. She questioned if this would be the desire of the
Commission. Commissioner Cross moved and Commissioner Armour seconded that
no election be held if no more than five candidates qualified. Roll Call:
Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour, AYE, Comm. True; AYE,
and Mayor Koch; AYE.
VII. PUBLIC HEARING -Board of Adjustment.
A. Applications for Development Approval
1. Delma Swilley of Del Swilley, Inc. as agent for John L.
McGraw, 1601 N. Ocean Blvd., Gulf Stream, Florida, owner of
the Property located at 1665 N. Ocean Blvd., Gulf Stream,
Florida, that is legally described in metes and bounds in
Section 10, Township 46 South, Range 43 East,. consisting of
1.27 acres.
a. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit the
demolition of the dwelling, a swimming pool with concrete
deck, a wooden deck, and a concrete driveway with entry
columns, and to determine if the site plan is consistent
with all applicable sections of the Gulf Stream Design
Manual.
The Oath was administered to Mr. Swilley by the Town Clerk. Mr. Swilley
stated that the scone of the work had been covered in the introductions
but that the applicant is asking to amend the application by adding a gate
off AlA for access to this vacant property to be used only for maintenance
access. He advised that the gate would attach to the fence posts on both
sides of a 10' opening, would be painted a weathered gray color, and sod
Cwould be laid over the driveway and apron as there is no need for a hard
surface with the gate only being used for maintenance of the property. Mr.
Swilley added that the existing hedge would be extended to cover the chain
link fence on both sides of the gate and the fruit trees and sea grape
trees that are being added will not be Planted within the 50' strip
adjacent to AlA.
Town Manager Harrington explained that the demolition approval is a part of
the Level III Architectural /Site Plan Review. He stated that the house
has no potential historic significance and that the applicant has scheduled
demolition to begin immediately upon site plan approval by the Town Commission
with new landscaping to be installed immediately thereafter. Mr. Harrington
further advised that the applicant is requesting to be permitted to leave
the gazebo and a small metal garden shed on the property after the demolition
of all other structures. He pointed out that in order to do this, a
Town Commission - February 9, 1996
Regular Meeting & Public Hearing page 3
Special Exception is necessary. Mr. Harrington stated that these are
accessory structures and as such, require the presence of a primary structure
However, the Code provides that accessory structures may be permitted on a
vacant lot that is under the same ownership and adjacent to a lot on
which there is a primary structure with the granting of a Special Exception.
Should a Special Exception be granted, a deed restriction for the vacant
lot must be recorded that requires the removal of the accessory structures
Oif a new primary structure is proposed and the accessory structures fail to
conform with the Zoning Code at that time, he said.
Mayor Koch asked for the comments of the Architectural Review and Planning
Board and Mr. Harrington reported that the ARPB recommended approval of
the Level III Architectural /Site Plan Review as amended with the gate,
approval of the Special Exception, and approval of the AlA Vegetative
Disturbance Permit as amended with the addition of the gate. He further
reported that there has been no correspondence regarding these matters
from the neighboring property owners.
Commissioner True moved and Commissioner Armour seconded that the Level III
Architectural /Site Plan Review be approved as recommended by the ARPB
and amended with the addition of the gate, based upon a finding that the
landscape and site plans meet all applicable review standards. Roll Call:
Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,
and Mayor Koch; AYE.
b. SPECIAL EXCEPTION -To permit the existing metal storage
shed and the existing wood gazebo to remain on the
property after the other structures are demolished and
still have the property revert to a vacant lot status.
Commissioner True moved that a Special Exception be granted to permit the
existing shed and gazebo structures to remain on the parcel after the
demolition of the primary structure, upon a finding that the landscape and
site plans, as submitted, meet all applicable specific and general Special
Exception review standards, with the condition that the deed restrictions
specified in Article III, Section F., Item 1 of the Gulf Stream Design
manual be recorded prior to the issuance of the Building Permit needed for
the demolition, as recommended by the ARPB. The motion was seconded by
Commissioner Armour. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
c. AlA VEGETATIVE DISTURBANCE PERMIT -To permit landscape
material to be placed over the area of the existing
driveway apron along AlA.
Commissioner True moved and Commissioner Armour seconded that an AlA
Vegetative Distrubance Permit be granted upon a finding that the landscape
and site plans, as submitted and amended with the addition of the gate,
meet all applicable permit standards. Roll Call: Comm. Orthwein; AYE,
Comm. Armour; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE.
VIII. Reports.
A. Town Manager
There was no report from the Town Manager
B. Town Attorney
1. Definition of Single Family Occupancy.
This item was added to the agenda at the request of Mayor Koch. Mayor Koch
stated that a question has been raised as to wheather a dwelling in a single
family zoning district could be used as a "corporate retreat ". Attorney
Randolph stated that the Town Ordinance is clear in this matter in that the
intent is for a single family dwelling to be used by one family. He went
Town Commission- February 9, 1996
Regular Meeting & Public Hearing page 4
on to state that the definition of a family is one or more persons related
by blood, marriage, adoption, or guardianship, or not more than three
persons not so related, occupying a dwelling unit and living as a single
housekeeping unit in a dwelling. Attorney Randolph also called attention
to the definition of residential use which means the use of land or structure
thereon, or portion thereof, for residential occupancy of a permanent or
semipermanent nature; but not including occupancy of a transient nature
C� such as in hotels or time - sharing uses. He considered transient use to be
other than single family occupancy.
Commissioner Orthwein asked what the impact would be of something other than
a single family use. Attorney Randolph advised that it had been his
experience that transients did not maintain the premises as well as a single
family would and that transients are more likely to have very frequent,
loud, late night parties to disrupt the neighborhood.
Mayor Koch questioned if it would be necessary to streghten the Town Code
to prevent this transient use to which Attorney Randolph replied that he
did not feel any changes were necessary. He believed the Code as written
is clear and enforceable.
C. Architectural Review and Planning Board.
1. Public Hearing to be held on Wednesday, February 28, 1996 at
8:30 A.M.
This announcement was made by Mayor Koch.
D. Finance Director
1. Financial Report for January, 1996
William Gwynn, Finance Director, called attention to the fact that Ad Valorem
taxes were received in the amount of $23,674.57, with approximately 76% of
this years tax money collected. Mr. Gwynn reported that $1,102.63 had been
collected over the past 4 months in excess of what was anticipated for that
period and $2,106.17 more than expected had been expended for the same
period. Commissioner True moved and Commissioner Armour seconded that the
financial report for January, 1996 be approved as presented. Roll Call:
Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,
and Mayor Koch; AYE.
2. Clarification letter regarding 1995 Audit Report from
Ernst & Young.
This item was considered earlier on the agenda.
E. Police Report for January, 1996
Police Chief Robert Schultz presented his report of police activity for
January,;adding that he, along with the Town Manager, had attended a Local
Emergency Management Network Meeting at the Palm Beach County Emergency
Operations Center on January 18., 1996.
F. Construction in Progress
The report reflected there to be $6,353,630 worth of construction in progress
in January, 1996 in Gulf Stream.
IX. Items for Commission Action.
A. Proposed 3 year agreement with Ernst & Young for auditing services.
This item was considered earlier in the meeting.
B. Items by Commissioners
There were no items by commission members.
X. Correspondence.
A. Resolution No. 7 -96 supporting the dissolution of the South Lake
Worth Inlet District and the assumption of the operation and
maintenance of the South Lake Worth Inlet District by Palm
Beach County -City of Lake Worth
Town Commission- February 9, 1996
Regular Meeting & Public Hearing page 5
Mayor Koch noted that the property owners north of Sea Road in Gulf Stream
are in the South Lake Worth Inlet Taxing District. He agreed with the
position taken by the City of Lake Worth and asked for comments from the
members of the Commission. The Commissioners were in favor of supporting
the dissolution of the South Lake Worth Inlet District. The Town Clerk
read the following by title: Resolution 96 -2; A Resolution of the Town
OCommission of the Town of Gulf Stream, Florida, Palm Beach County, Supporting
the Dissolution of The South Lake Worth Inlet District and the Assumption
of the Operation and Maintenenace of the South Lake Worth Inlet District
by Palm Beach County; Effective Date.
Commissioner True moved that Resolution No. 96 -2 be adopted and the motion
was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
B. Resolution 8 -96; Endorsing a Policy of Zero Tolerance for
Graffiti; Further endorsing the Graffiti Eradication Program;
Requesting the Criminal Justice Commission to Coordinate the
Implementation of the Program; Requesting Active Participation
From All Municipalities Within Palm Beach County; Effective Date -
City of Lake Worth
This Resolution was made a matter of record.
XI. Public.
There was no comment from the public.
XII. Adjournment.
Mayor Koch adjourned the meeting at 9:30 A.M. on a motion to do so
made by Commissioner Armour that was seconded by Commissioner True with all
voting in the affirmative.
Rita L. Taylor Town Clerk