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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