HomeMy Public PortalAbout07/19/1996July 12, 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 /BOARD
OF ADJUSTMENT OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 19, 1996, AT
9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
GULF STREAM, FLORIDA 33483.
I_TH `[71
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Regular Meeting /Public Hearing of June 7, 1996
B. Special Meeting of July 10, 1996
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing- August 7, 1996 at 9 A.M.
2. Regular Meeting & Public Hearing -Sept. 4, 1996 at 4 P.M.
- (to be confirmed)
3. Public Hearing (Tentative Budget 1996/97) -Sept. 4, 1996 at
5:01 P.M. (to be confirmed)
4. Public Hearing (Budget Adoption 1996/97)- Sept.20, 1996 at
5:01 P.M. (to be confirmed)
5. Regular Meeting & Public Hearing- October 11, 1996
(to be confirmed)
VII. PUBLIC HEARING -Board of Adjustment
A. Applications for Development Approval
1. Mark Marsh of Digby Bridges, Marsh and Associates as Agent
for Carl W. Smith, owner of the property located at 1919 N.
Ocean Blvd., Gulf Stream, Fl. that is legally described as
Lot 1, Wm. H. Evans Subdivision.
�J a. LAND CLEARING PERMIT -To permit the removal /relocation of
significant vegetation and to add fill.
b. AlA VEGETATIVE DISTURBANCE PERMIT -To permit improvements
and landscape alterations within the historic corridor.
C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
construction of a two - story, single family dwelling and
accessory structures.
2. Mark Marsh of Digby Bridges, Marsh and Associates as Agent
for Chris D. Wheeler, contract purchaser of the property
located at 24 Hidden Harbour Drive, Gulf Stream, Florida
which is legally described as Lot 4, Hidden Harbour Estates.
a. VARIANCE -To permit the square footage of a proposed
two -story dwelling to exceed the maximum permitted Floor
Area Ratio by 300 square feet at this location.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
construction of a two - story, single family dwelling and
accessory structures at this location
3. Rustem Kupi and Mark Vigneault of Kupi & Vigneault Architects
as agents for Ocean Breezes, Ltd., contract purchaser of the
properties located at 560 Old School Road and 570 Wright Way,
Gulf Stream, Florida which are legally described as Lot 10 &
Lot 11, Block 3, Polo Fields #1 Subdivision.
a. DEMOLITION PERMIT -To permit the demolition of existing
structures on this property.
b. SUBDIVISION REVIEW -To permit the replatting of this
property into two new parcels of 17,123 square feet of ef-
fective lot area and 27,990 square feet of effective
lot area.
VIII. Reports.
A. Town Manager
1. Bi- monthly water consumption
B. Town Attorney
C. Architectural Review & Planning Board
1. Future meeting dates
a. No meeting in August
b. September 25, 1996 at 8:30 A.M.
C. October 30, 1996 at 8:30 A.M.
D. Finance Director
1. Financial Report for June, 1996
E. Police Chief
1. Activity for June, 1996
F. Construction in progress in June, 1996
IX. Items for Commission Action.
A. Request for a Construction Trailer -Ocean Breezes, Ltd.
B. Resolutions
1. No. 96 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, IN SUPPORT OF S. 1811 and H.R. 3551,
TITLED "THE SHORE PROTECTION ACT OF 1996 "; URGING THE
BILLS' (QUICK PASSAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Page 2
AGENDA CONTINUED
VII. PUBLIC
HEARING CONTINUED.
A. Applications for Development Approval Continued
4.
Rustem Kupi and Mark Vigneault of Kupi & Vigneault Architects
as Agents for Ocean Breezes, Ltd., contract purchaser of the
property located at 560 Old School Road, Gulf Stream, Florida
33483, legally described as Lot 10 and Part of Lot 11, Block
3, Polo Fields Subdivision #1.
a. LAND CLEARING PERMIT -TO permit removal and relocation
n
of existing plant material that falls within the proposed
building footprint.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
construction of a one - story single family dwelling and
accessory structures at this location.
5.
Ronald H. Miller as Agent for Ramon V. Nicholl, owner of
the property located at 544 Banyan Road, Gulf Stream, Florida,
legally described as Lot 6, Polo Cove Subdivision.
a. SPECIAL EXCEPTION -To permit the addition of a sun deck
that will extend a non - conforming wall line of the
existing structure.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit
enclosing an existing stairway, enclosing existing scre-
ened area to increase living area, construction of a
gazebo and a landscape wall.
6.
Rustem Kupi and Mark Vigneault of Kupi & Vigneault Architects
as Agents for Scott and Lisa Morgan, contract purchasers of
the property located at 570 Wright Way, Gulf Stream, Florida,
that is legally described as Lot 11, Block 3, Polo Fields
#1 Subdivision.
a. LAND CLEARING PERMIT -To permit removal and relocation
of existing plant material that falls within the proposed
building footprint.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
construction of a two- story, single family dwelling and
accessory structures at the above location.
7.
Bill Free, General Partner of Wyndsor Building & Design, as
Agent for Harold Pontius, owner of the property at 1315 N.
Ocean Blvd., Gulf Stream, Florida 33483 that is legally
described as Part of Lot 5 and Part of Lot 6, Revised Plat
of Blocks D & E, Palm Beach Shores Acres Subdivision.
a. SPECIAL EXCEPTION -To permit the addition of a covered
patio to the dwelling under construction that will exceed
the maximum permitted floor area by 69 Sq. Ft.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW AMENDMENT -To
increase the total square footage of the dwelling under
construction that was previously approved and to permit
the removal of the muntin bars on the doors & windows
on the rear of the building at the location stated herein.
VIII. Reports.
A. Town Manager
1. Bi- monthly water consumption
B. Town Attorney
C. Architectural Review & Planning Board
1. Future meeting dates
a. No meeting in August
b. September 25, 1996 at 8:30 A.M.
C. October 30, 1996 at 8:30 A.M.
D. Finance Director
1. Financial Report for June, 1996
E. Police Chief
1. Activity for June, 1996
F. Construction in progress in June, 1996
IX. Items for Commission Action.
A. Request for a Construction Trailer -Ocean Breezes, Ltd.
B. Resolutions
1. No. 96 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, IN SUPPORT OF S. 1811 and H.R. 3551,
TITLED "THE SHORE PROTECTION ACT OF 1996 "; URGING THE
BILLS' (QUICK PASSAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Page 3
AGENDA CONTINUED
IX. Items for Commission Action Continued.
B. Resolutions Continued
2. No. 96 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA, REQUESTING A PRO -RATA SHARE OF THE
COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM
FUNDS FOR THE CITY OF DELRAY BEACH.
C. BUDGET PRESENTATION (1996 -1997)
✓7 1. Budget consideration
2. Proposed Millage Rate for 1996 -1997
3. Certification of Rolled Back Rate
4. Date of 1st Public Hearing toward budget adoption
5. Date of 2nd Public Hearing for budget adoption
D. Items by Mayor and Commissioners
X. Correspondence.
A. Resolutions opposing recommendations in the President's 1996
budget request which would remove federal participation in water
resources projects, including beach renourishment projects which
are not "nationally significant ".
1. #95 -96; City of Boca Raton
2. #686; Town of Highland Beach
B. Resolutions adopting the position of the Palm Beach County
Municipal League, Inc. with regard to the School Concurrency
Issue.
1. #96 -07; City of Atlantis
2. #2189; City of Belle Glade
3. #113 -96; City of Boca Raton
4. #96 -6; Town of Briny Breezes
5. #96 -4; Town of Glen Ridge
6. #687; Town of Highland Beach
7. #96 -221; Town of Hypoluxo
B. #61 -96; City of Lake Worth
9. #R- 16 -96; Town of Lantana
10. #382 -96; Town of Mangonia Park
11. #45 -96 Village of North Palm Beach
12. #84, 1996; City of Palm Beach Gardens
13. #472; Town of Palm Beach Shores
14. #96 -31; Village of Palm Springs
C. Resolution No. 96 -25 congratulating -Carol A. Roberts, District 2,
Board of Palm Beach County Commissioners, who has been elected
President of the Florida League of Counties Association.
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, JULY 19, 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. Commissioner Armour led the Pledge of Allegiance
III. Roll Call.
C) 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
Town Manager
Participating: John Randolph
Town Attorney
Rita Taylor
Town Clerk
William Thrasher
Finance Director
Robert Schultz
Police Chief
Mark Marsh
Agent for Mr. Smith and
Agent for Mr. Wheeler
Rustem Kupi
Agent for Ocean Breazes, Inc.
and Agent for Mr. Morgan
Ronald Miller
Agent for Mr. Nicholl
Bill Free
Agent for Mr. Pontius
Mark Pulte
Agent for Ocean Breezes, Inc.
IV. Minutes.
A. Regular Meeting /Public Hearing of June
7, 1996
B. Special Meeting of July 10, 1996
Commissioner Armour moved and Commissioner Cross
seconded that the minutes
of these two meetings be approved as circulated
and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement
of agenda items.
Mayor Koch suggested that Item VII.A. 6 be moved to follow Item VII.
A. 4 and that Item IX.A. then be heard following
Item VII.A.6. There were
no objections.
VI. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing- August 7, 1996 at 9 A.M.
2. Regular Meeting & Public Hearing -Sept. 4, 1996 at 4 P.M.
(to be confirmed)
3. Public Hearing (Tentative Budget 1996/97) -Sept. 4, 1996 at
5:01 P.M. (to be confirmed)
4. Public Hearing (Budget Adoption 1996/97) -Sept 20, 1996 at
5:01 P.M. (to be confirmed)
5. Regular Meeting & Public Hearing- October 11, 1996
(to be confirmed)
These announcements were made by Mayor Koch. The Town Clerk advised that
the Palm Beach County Commission had not confirmed their tentative public
hearing dates. She said if they changed them, it might be necessary to
change the Gulf Stream dates as the law does not permit municipalities
to hold budget hearings on the same dates as the County Commission and the
School Board. She requested the Commission authorize the staff to adjust
the selected dates,if necessary, without having to call a special meeting
of the Commission to make the adjustment. This authorization was given
with unanimous agreement of the Town Commissioners.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 2
VII. PUBLIC HEARING -Board of Adjustment.
Mayor Koch asked that all of those persons who would be speaking to
any of the matters to be heard at this Public Hearing to please stand to
receive the Oath. The Oath was administered to Mark Marsh, Rustem Kupi
Mark Vigneault, Mark Pulte, Ronald Miller, and Bill Free.by the Town Clerk.
A. Applications for Development Approval.
1. Mark Marsh of Digby Bridges, Marsh and Associates as Agent
for Carl W. Smith, owner of the property located at 1919 N.
Ocean Blvd., Gulf Stream, F1. that is legally described as
Lot 1, Wm. H. Evans Subdivision.
Mayor Koch declared a conflict in this matter in that his son participated
in the sale of this property. He then passed the gavel to Vice Mayor Armour.
Mark Marsh presented a site plan of the property, outlining in orange the
structures to be removed and outlining in yellow the structures to be built.
He indicated that most of the existing vegetation will be maintained or
relocated. The vegetation to be relocated will be temporarily transplanted
to a holding area on the west end of the property where it will be irrigated.
Mr. Marsh noted further that the perimeter plantings along AlA, as well as
the existing curb cut, sill remain unchanged. However, within the property,
the driveway will be re- routed to create a more dramatic entrance.
Mr. Marsh then focusted on the proposed home, describing the style as
"island colonial ", noting the U -shape of the footprint and the courtyard
with encircling verandah. He displayed a colored perspective of the east
side and pointed to the finish elements to be incorporated such as a gray,
cement -tile roof with the ridge line at 35 feet; off -white stucco walls;
white window trim with green shutters; and covered porches with Chippendale
handrails.
Mr. Harrington reviewed his report wherein he recommended approval of the
Land Clearing Permit and North Ocean Boulevard Landscape Disturbance Permit,
as proposed, based on a finding that all of the applicable requirements
had been met.
Continuing with his report, Town Manager Harrington said that he also
recommended approval of the Level 3 Architectural /Site Plan with three
conditions: 1) that a minimum 5 foot fence or wall be provided to enclose
the pool area as per County building requirements; 2) that the pool
storage area have a minimum 15 foot setback from the west property line;
and 3) the applicant submit north and south elevations for the garage that
comply with all applicable standards in the Design Manual. Mr. Harrington
advised that it would not be necessary to give consideration to his third
recommendation regarding the garage as drawings of the garage have been
submitted and reviewed and found to comply with the above mentioned standards.
Mr. Marsh then advised that subsequent to the Public Hearing held by the
ARPB, the owner had expressed a desire to make a change in what is called
the "ocean room" by putting french doors on the face of the verandah and
replacing the wide columns with narrow columns to match those on the balcony
of the second floor. He further advised the when presenting this proposed
change to Mr. Harrington, he was advised that it appears the amount of
glass on the east elevation would exceed the standards in the Design Manual.
Mr. Marsh distributed copies of the proposed change. The Commissioners
expressed a preference of the design that was oriVinally proposed. Mr.
Marsh then stated that Mr. Smith had instructed him to withdraw the request
for consideration of a change if it was in conflict or poorly received.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 3
Having said that, Mr. Marsh requested that only the original design be
considered for approval by the Commission.
There was no comment from the public and the members of the Commission
complimented Mr. Marsh on the design.
a. LAND CLEARING PERMIT -To permit the removal /relocation of
significant vegetation and to add fill.
CCommissioner Orthwein moved and Commissioner Cross seconded that a Land
Clearing Permit be approved based on a finding that the plans and documents
submitted by the applicant, as proposed, meet all applicable permitting
criteria. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True;
AYE, and Vice Mayor Armour; AYE.
b. AlA VEGETATIVE DISTURBANCE PERMIT -To permit improvements
and landscape alterations within the historic corridor.
Commissioner Orthwein moved and Commissioner True seconded that a North
Ocean Bouleverd Landscape Disturbance Permit be approved based on a finding
that the plans and documents submitted by the applicant, as proposed, meet
all applicable permitting criteria. Roll Call: Comm. Orthwein; AYE, Comm.
Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE.
C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
construction of a two - story, single family dwelling and
accessory structures.
Vice Mayor Armour asked for public comments and there were none. Commis-
sioner True moved and Commissioner Orthwein seconded that approval of a
Level 3 Architectural /Site Plan Review be given, based on the plans and
documents submitted by the applicant and a finding that the following
conditions are necessary for the proposed improvements, including the
demolition of the existing structures, -to be, consistent with applicable
review criteria: 1) a minimum 5 foot fence or wall shall be provided to
enclose the pool area as per County building requirements; 2) the pool
storage building shall have a minimum 15 foot setback from the west
property line. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm.
True; AYE, and Vice Mayor Armour; AYE.
Vice Mayor Armour returned the gavel to Mayor Koch at this time.
2. Mark Marsh of Digby Bridges, Marsh and Associates as agent
for Chris D. Wheeler, contract purchaser of the property
located at 24 Hidden Harbour Drive, Gulf Stream, Florida,
which is legally described as Lot 4, Hidden Harbour Estates.
Mr. Marsh presented a plan which showed the setback variances granted to a
previous application for the same property. He indicated that in most
instances, the proposed home had setbacks that were 50% greater than what
had previously been approved.
Mr. Marsh noted that the proposed floor area variance resulted from two
things. First, the Design Manual provides for a simulated right -of -way
along private roads whereby the first 10 feet of property from the edge of
the private road is not counted as part of the lot area. Second, the design
of the home includes a large covered patio area. Together, these two items
cause the square footage of the home to exceed the maximum permitted floor
area by 295 square feet. According to Mr. Marsh, were the assumed right -
of -way not deducted from the lot area calculation, the home could be 500
square feet larger. He then presented drawings showing a trellis in place
of a portion of the covered patio should the Commission not approve the
variance request.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 4
Plans for the home were presented next by Mr. Marsh. He pointed out
that the lot is unusual in that it is quite a bit wider than it is
deep. As a result, the home has a linear appearance along the street
that he has attempted to break up on the elevations by using varying
eave heights, some decorative elements and trellises. Despite the
long length of the home along the street, Mr. Marsh noted a great deal
of open space is left on the east end of the property where the
property has a high visibility from the main portion of Hidden Harbour
Drive as you come down the hill heading west.
After reviewing the floor plans for both the first and second floors,
Mr. Marsh reviewed the exterior in some detail. Mr. Marsh presented a
perspective of the rear of the house and described the design as a
"Venetian" Mediterranean. Exterior elements include: hand - formed,
clay barrel tile; stucco walls; cypress trellises; wood out lookers on the
second floor with enclosed eaves for the one story elements; and a stone
balustrade along the second floor balcony. Turning to the elevations for
the other three sides, Mr. Marsh noted that the home has a "four- sided"
design in that all four sides of the home were carefully thought out
and planned. Common design elements and themes are reflected in each of
the sides.
At the completion of Mr. Marsh's presentation, Mr. Harrington reviewed
his report and recommendations. Mr. Harrington noted that the
requested floor area variance normally would be reviewed as a Special
Exception. However, because the site has been granted other variances,
Special Exceptions are not permitted as such and must be treated as
variances. Article IV, Section E.2. of the Design Manual permits roof
projections to exceed the maximum floor area by up to 300 square feet
by Special Exception, provided certain standards are met. In this
case, Mr. Harrington noted, the home exceeds the maximum floor area by
295 square feet due to the large covered patio area in the back.
Mr. Harrington stated that he found the requested floor area variance
to be consistent with both the variance and Special Exception criteria
and recommended approval with the condition that the owner record a
deed restriction that would prohibit enclosing any portion of the
covered patio or adding additional square footage to any part of the
house or property. Mr. Harrington went on to say that he found the
proposed home and site plan met all applicable Architectural /Site Plan
Review criteria with the following three conditions: 1) a minimum 5
fnnt fence or wall be provided to enclose the pool as per County
building requirements; 2) the fountain north of the pool deck maintain
a minimum 9 foot setback from the canal as per the previously approved
rear /water setback variance for minor accessory structures; and 3)
prior to the issuance of a Certificate of Occupancy, the applicant
record a deed restriction which prohibits the future enclosure of the
covered patio area or the addition of floor area as currently
calculated in the Design Manual.
Mr. Wheeler, from the audience, advised that he was agreeable to all
of the conditions recommended by Mr. Harrington.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 5
a. VARIANCE -To permit the square footage of a proposed
two -story dwelling to exceed the maximum permitted floor
Area Ratio by 300 square feet at this location.
Commissioner Armour moved that a variance be granted to permit 295 square
feet of additional floor area based on the plans and documents submitted
by the applicant and a finding that the following condition is necessary
for the proposed improvements to be consistent with the applicable
Variance criteria and the Special Exception criteria found in Article IV,
Section E.2. of the Gulf Stream Design Manual; prior to the issuance of
a Certificate of Occupancy, the applicant shall record a deed restriction
that prohibits the enclosure of the covered patio area or the addition of
floor area as currently calculated in the Design Manual. The motion was
seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; and Mayor Koch; AYE.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
construction of a two- story, single family dwelling and
accessory structures at this location.
Commissioner Orthwein moved and Commissioner Armour seconded that the Level
3 Architectural /Site Plan Review be approved based on the plans and documents
submitted by the applicant and a finding that the following conditions are
necessary for the proposed improvements to be consistent with the applicable
review criteria: 1) a minimum 5 -foot fence or wall shall be provided to
enclose the pool area as per County building requirements; 2) the fountain
north of the pool deck shall maintain a minimum 9 -foot setback from the
canal as per the previously approved rear /water setback Variance for minor
accessory structures; and 3) prior to the issuance of a Certificate of
Occupancy, the applicant shall record a deed restriction which prohibits
the future enclosure of the covered patio area or the addition of floor
area as currently calculated in the Design Manual. There was no comment
from the public. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm.
Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
3. Rustem Kupi and Mark Vigneault of Kupi & Vigneault Architects
as agents for Ocean Breezes, Ltd., contract purchaser of the
properties located at 560 Old School Road and 570 Wright Way,
Gulf Stream, Florida which are legally described as Lot 10
& Lot 11, Block 3, Polo Fields #1 Subdivision.
Mr. Kupi presented two surveys, one showing the location of the existing
home, which covers both lots, and the other showing the proposed lot
lines for the two proposed lots. Mr. Kupistated that the existing home and
all related improvements would be demolished to make way for two new homes.
Referring to his report, Mr. Harrington noted that the property originally
contained two lots which were combined when the existing house was built.
Since that time, the Town has changed its minimum lot area requirements,
which the eastern original lot (Lot 10) no longer meets. As a result, two
new lots must be configured with each having a minimum 16,500 square feet of
dry land area and at least 100 feet of width. He went on to say that he
found both the proposed subdivision and Architectural /Site Plan Review for
the demolition met all applicable criteria and that he recommended approval
of both.
Replying to a question as to whether the two lots were in a unity of title
at this time, Mr. Pulte, from the audience, replied that they were but
an investigation had revealed that only the Town of Gulf Stream was named
in the unity of title.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 6
a. DEMOLITION PERMIT -To permit the demolition of existing
structures on this property.
Commissioner Orthwein moved and Commissioner Armour seconded the approval
of a Level 3 Architectural /Site Plan Review to permit demolition of the
existing home and improvements based on a finding that the site plan, as
proposed, meets all applicable review standards, provided that the existing
Unity of Title does not involve anyone other than the Town of Gulf Stream.
There was no comment from the public. Roll Call: Comm. Orthwein; AYE,
Comm. Cross; AYE, Comm. Armour; Comm. True; AYE, and Mayor Koch; AYE.
b. SUBDIVISION REVIEW -To permit the replatting of this
property into two new parcels of 17,123 square feet of
effective lot area and 27,990 square feet of effective
lot area.
Hearing no comment from the public, Commissioner Orthwein moved and Commis-
sioner Armour seconded that the approval of a two -lot subdivision be
granted based on a finding that the lot sizes and dimensions, as proposed,
meet all applicable review standards, provided that the existing Unity of
Title does not involve anyone other than the Town of Gulf Stream. Roll
Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True;
AYE, and Mayor Koch; AYE.
4. Rustem Kupi & Mark Vigneault of Kupi & Vigneault Architects
as Agents for Ocean Breezes, Ltd., contract purchaser of the
property located at 560 Old School Road, Gulf Stream, Florida
33483, legally described as Lot 10 and Part of Lot 11, Block
3, Polo Fields Subdivision #1.
Mr. Kupi reviewed the plans for the proposed one - story, new home, noting
its Bermuda architecture through the incorporation of stucco walls, white
cement tile roof, use of muntins, and louvered shutters. He pointed out
that the very tall existing hedge along Old School Road would be maintained
to screen the three -car garage from the street. In answer to a question
from Commissioner Armour, Mr. Kupi advised that the ridge line of the roof
would be Iess, than 24 feet.
In summarizing his report, Mr. Harrington referred to the landscape draw-
ings and said that he found the project, as proposed, meets all applicable
Land Clearing Permit criteria,.and that he and the ARPB found the house and
site plans to be consistent with all applicable Architectural /Site Plan
Review criteria, with 4 conditions: 1) a minimum 5 foot fence or wall be
provided to enclose the pool area as per County building regulations; 2)
a minimum of 40% open space be provided in the front yard in accordance
with the Design Manual; 3) the driveway material shall conform to the
�- requirements of the Design Manual; and 4) the hedge continue to be main-
tained along Old School Road.
a. LAND CLEARING PERMIT -To permit removal and relocation of
existing plant material that falls within the proposed
building footprint.
Commissioner Orthwein moved, after hearing no comment from the public, and
Commissioner Armour seconded that a Land Clearing Permit be granted based
on a finding that the plans and documents submitted by the applicant, as
proposed, meet all applicable permitting crideria. Roll Call: Comm.
Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True, AYE and Mayor
Koch; AYE.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
construction of a one -story single family dwelling and
accessory structures at this location.
There was no public comment. Commissioner Orthwein moved and Commissioner
True seconded that approval be granted based on the plans and documents
submitted by the applicant and a finding that the following conditions
are necessary for the proposed improvements to be consistent with all
applicable review criteria: 1) a minimum 5 -foot fence or wall shall be
provided to enclose the pool area as per County building requirements;
2) a minimum 40% open space shall be provided in the front yard in accordance
with the requirements of the Design Manual; 3) the driveway shall be
constructed of paver blocks in accordance with the requirements of the
Gulf Stream Design Manual; and 4) the existing hedge along Old School Road
shall be maintained to screen views of the garage from the street. Roll
Call: Comm. Orthwein; AYE, Comm. Armour; AYE, Comm. Cross; AYE, Comm. True;
AYE, and Mayor Koch; AYE.
The next two items are being heard out of the order of the agenda as was
agreed to earlier.
6. Rustem Kupi and Mark Vigneault of Kupi & Vigneault Architects
as Agents for Scott and Lisa Morgan, contract purchasers of
the property located at 570 Wright Way, Gulf Stream, Florida,
that is legally described as Lot 11, Block 3, Polo Fields
#1 Subdivision.
Mr. Kupi presented a site plan and color rendering of the proposed two -story
home with a total Floor Area Ratio, under the sliding scale, that is 320
square feet less than the maximum permissible. He pointed out that the
style is Bermuda with white cement tile roof, exposed rafter tails, corner
quoins, casement windows with muntins and louvered shutters. He noted that
the second story portion of the home is in the center of the structure with
first story wings on each side which tends to reduce the impact of a two -
story structure in a neighborhood of mostly one story dwellings. He further
pointed out that the lot is also larger than most in the area to better
accomodate a two -story structure. With regard to the landscaping, Mr. Kupi
stated that the only existing vegetation that will be removed is that
which is located within the building pad and they plan to relocate as
much of it as possible on the remainder of the property. He pointed out
that the garage doors will be screened from the road by the dense hedge
that is existing at the property line.
Town Manager harrington presented his staff analysis of the project and
pointed out that although two -story homes are discouraged in the Core
zoning district, potential negative impacts are mitigated by the use of
one -story wings and the location of the two -story portion near the center
of the lot as had been stated before by Mr. Kupi. He added that the lot
is nearly twice as large as the surrounding lots, which helps to maintain
a proper proportion between the mass of the home and the lot, and between
the home and surrounding homes.
Mr. Harrington recommended approval of the Land Clearing Permit, based on the
finding that the proposed vegetative relocations /removals and the addition
of fill are consistent with applicable Land Clearing permitting criteria.
He further recommended approval of the Level 3 Architectural /Site Plan Review
in that the project is consistent with all applicable standards, including
those contained in the Gulf Stream Design Manual, with the conditions that:
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 8
1) a minimum 5 foot fence or wall shall be provided to enclose the pool area
as per County building requirements; and 2) The driveway material shall
conform to the requirements of the Design Manual.
a. LAND CLEARING PERMIT -To permit removal and relocation of
existing plant material that falls within the proposed
building footprint.
There being no comment from the public, Commissioner Armour moved that the
Land Clearing Permit be granted based on a finding that the plans and
documents submitted by the applicant, as proposed, meet all applicable
permitting criteria. 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. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
construction of a two -story single family dwelling and
accessory structures at the above location.
There was no comment from the public and Commissioner Armour moved and Com-
missioner Orthwein seconded that the structures and site plan be approved
based on the plans and documents submitted by the applicant and a finding
that the following conditions are necessary for the proposed improvements
to be consistent with the applicable review criteria; 1) A minimum 5
foot fence or wall shall be provided to enclose the pool area as per County
building requirements. 2) The driveway material shall conform to the
requirements of the Design Manual. Roll Call: Comm. Orthwein; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
IX. Items for Commission Action.
A. Request for a Construction Trailer -Ocean Breezes, Ltd.
Town Manager Harrington explained that Mark Pulte of Ocean Breezes, Ltd. has
requested permission to place one construction trailer on the property line
between Lots 10 and 11, Block 3, Polo Fields Subdivision #1 that would
consist of 750 square feet. He advised that the Construction Site Manage-
ment Handbook provides that one trailer consisting of a maximum of 500 square
feet may be placed at a construction site upon approval by the Town Commis-
sion. He suggested that permitting the 750 square foot trailer would be
less than two, 500 square foot trailers. The Commissioners agreed. Upon
being asked at what point the trailer would be removed, Mr. Pulte advised
that it would be removed upon issuance of the Certificate of Occupancy of
the first house.
Commissioner Armour moved and Commissioner True seconded that the request
for the construction be granted as requested provided it shall be removed
at the issuance of the Certificate of Occupancy for the first house. Roll
Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True;
AYE, and Mayor Koch; AYE.
Mayor Koch returned to the order of the agenda at this point.
VII.A. 5. Ronald Miller as Agent for Ramon V. Nicholl, owner of the property
located at 544 Banyan Road, Gulf Stream, Florida 33483, legally
described as Lot 6, Polo Cove Subdivision.
Referring to the site plan, Mr. Miller stated that the Nicholls proposed
to do some renovations, which included: enclosing an outside stairway
leading to the second floor over the garage; changing the driveway to
loose Chattahoochee; removing part of an existing screen enclosure and add-
ition of a Florida room; adding a small deck on the west side in lieu of
an existing concrete stoop; and constructing a gazebo in the back. Mr.
Miller added that he had been advised by Mr. Harrington that the proposed
wall did not meet the Code so that will be lowered to 5 feet to conform.
Regular Meeting- Public Hearing
Town Commission -July 19, 1996 page 9
Mr. Harrington reviewed his report and noted that there were a number of
items to be reviewed. These include: the gazebo, enclosing the stair, a
dock, changing the driveway material, the deck, the Florida room,and the
wall. Each of these items, according to Mr. Harrington, required approval
of Level 3 Architectural /Site Plan Review. In addition, he continued,
the deck required approval of a Special Exception as the west side of
the deck was to match the existing west wall of the house which encroached
Cinto the west side setback.
r
Regarding the Spacial Exception for the side setback for the deck, Mr.
Harrington stated that he found the request met all applicable criteria
and recommended approval with the condition that lighting for the deck be
wall- mounted in an effort to keep lights from shining onto the adjacent
property to the west.
Regarding the Architectural /Site Plan Review, Mr. Harrington said he
found the gazebo, stair enclosure, dock, and driveway material to meet
all applicable criteria and he recommended approval with no conditions. The
deck, Mr. Harrington continues, also meets the Architectural /Site Plan
Review criteria and he recommended approval with the condition that the
lighting be wall- mounted. He further stated he found the Florida room
addition to be minimally consistent with the standards in the Design Manual.
a. SPECIAL EXCEPTION -TO permit the addition of a sun deck
that will extend a non - conforming wall line of the
existing structure.
Mayor Koch asked for comments from the public and there were none. Commis-
sioner Orthwein moved and Commissioner Armour seconded that a Special
Exception be granted for the deck to match an existing non - conforming wall
and thereby reduce the minimum west side setback of the deck by 4.67 feet
from 15 to 10.33 feet based on a finding that the building and site plans
submitted by the applicant meet all applicable specific and general
Special Exception standards, with the condition that all lighting for the
deck shall be wall- mounted provided, however, that security lighting
independent of the deck may be used along the west side of the house. Roll
Call: Commissioner Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE,
Comm. True, AYE, and Mayor Koch; AYE.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit
enclosing an existing stairway, enclosing an existing
screened area to increase living area, construction of a
gazebo and a landscape wall.
Hearing no comment from the public, Commissioner Orthwein moved and Commis-
sioner Armour seconded for the approval of Level 3 Architectural /Site
Plan Review for the gazebo, stairway enclosure, driveway surface change,
dock, deck, florida room, and wall that is reduced to 5 feet based on
the plans and documents submitted by the applicant and a finding that the
following conditions are necessary for the proposed improvements to be
consistent with all applicable review criteria: 1) lighting for the deck
shall be wall- mounted provided, however, that security lighting independent
of the deck may be used along the west side of the house; and 2) the wall
not only be 5 foot or less in height but also comply with all other design
requirements of the Design Manual. Roll Call: Comm. Orthwein; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 10
Item VII.A.6. was considered earlier on the agenda.
7. Bill Free, General Partner of Wyndsor Building & Design, as
Agent for Harold Pontius, owner of the property at 1315 N.
Ocean Blvd., Gulf Stream, Florida 33483 that is legally
described as Part of Lot 5 and Part of Lot 6, Revised Plat
of Blocks D & E, Palm Beach Shores Acres Subdivision.
Cj Mr. Free stated that after construction was underway on the new home, the
owner made a number of changes in the design, most of which were interior.
However, he stated that the master bath was enlarged by about 70 square
feet while at the same time the covered patio on the northeast corner
was enlarged by 141 square feet, resulting in a total of 150 square feet
being added to the structure over what was approved. The net result is the
two additions exceed the maximum permitted floor area by 69 square feet.
Mr. Free further stated that the owner had also requested that he be permit-
ted to remove the muntins from the doors and windows on the back of the
structure in order to provide a better view of the ocean. Mr. Free went
on to advise that the ARPB had not looked favorably on this request and
as a result, the owner was asking to withdraw the request.
Town Manager Harrington, in reviewing his report, advised that on a routine
site inspection he discovered a set of revised plans were being used for the
construction of the dwelling that had neither been reviewed by him or the
Palm Beach County Building Department. The revisions had been made
after the project had been approved by the Town Commission, he said. Mr.
Harrington reported that either the addition to the master bathroom or the
addition to the patio would have been permissible without a Special
Exception but taken together, the two additions exceed the maximum
permitted floor area by 69 square feet as stated by Mr. Free. He further
reported that in order to allow work on the home to continue, he had
permitted the change to the bathroom but not the enlargement of the patio
area. As a result, the applicant applied for a Special Exception under
Article IV, Section E.2., which permits up to 300 square feet of roof
projections to be excluded from the floor area calculation. Mr. Harrington
pointed out that the home includes other covered, unenclosed areas, 557
square feet on the ground floor and 96 square feet on the second floor.
Based on the information submitted by the applicant, he stated that the
staff finds the extension of the covered patio to be consistent with the
standards found in Article IV. Section E.2. of the Design Manual with the
condition that prior to the issuance of a Certificate of Occupancy, the
owner record a deed restriction which prohibits the future enclosure
of any covered patio areas or the addition of any more floor area to the
i
property.
Mr. Free stated that Mr. Pontius felt it would be unfair to add the deed
restriction as recommended by Mr. Harrington that would run with the
property forever. He advised that an attorney for Mr. Pontius had spoken
with Attorney Randolph regarding this.
Attorney Randolph reported that an attorney had contacted him but they
were objecting to any deed restriction regarding future enclosing of
any covered, unenclosed areas. After receiving no support for this
position, they then requested that the restriction apply only until such
time as it was released by the Town. Mr. Randolph said this was not un-
common but it should read "that no covered, unenclosed areas shall be
enclosed unless and until the restriction is removed by the Town Commission
at that time."
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 11
a. SPECIAL EXCEPTION -To permit the addition of a covered
patio to the dwelling under construction that will
exceed the maximum permitted floor area by 69 square ft.
There being no comment from the public, Commissioner Orthwein moved that
the Special Exception request be granted to permit the covered patio areas
to exceed the maximum permitted floor area by 69 square feet, based on the
plans and documents submitted by the applicant and a finding that the fol-
Clowing condition is necessary for the proposed improvements to meet all
) applicable specific and general Special Exception review standards: 1) Prior
to the issuance of a Certificate of Occupancy, the applicant shall record a
deed restriction that prohibits the future enclosure of any covered patio
area or the addition of any more floor area on the property unless and until
the restriction is removed by the Town Commission at that time, with said
restriction to be prepared by the applicant and subsequently reviewed and
approved by the Town Attorney. Commissioner Armour seconded the motion
but stated that he did not condone the actions of the builder and the
owner in moving ahead with changes without first coming to the Town for
a review of the revisions. He made it a matter of record that this action
of approving the revisions after the fact is in no way to be considered
setting a precedent. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Mr. Free apologized and stated the owner does not understand the process
and the problems that are created by going to the architect and making
changes without the contractor knowing it.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW AMENDMENT -To
increase the total square footage of the dwelling under
construction that was previously approved and to permit
the removal of the muntin bars on the doors and windows
on the rear of the building at the location stated herein.
Mayor Koch directed that this be considered in two separate motions, with
the first to be in regard to the increase in total square footage of the
building and the second regarding the muntins.
Commissioner Orthwein moved for approval of a Level 3 Architectural /Site
Plan review for the enlargement of the covered patio based on the building
and site plans submitted by the applicant and finding that the following
condition is necessary for the proposed improvements to meet all applicable
review standards: 1) Prior to the issuance of a Certificate of Occupancy,
the applicant shall record a deed restriction that prohibits the future
enclosure of any covered patio area or the addition of any more floor
area on the property unless and until the restriction is removed by the
Town Commission at that time, with said restriction to be prepared by the
applicant and subsequently reviewed and approved by the Town Attorney.
Commissioner Cross seconded the motion. Roll Call: Comm. Orthwein; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Commissioner Orthwein then moved to approve the applicantis request to
withdraw the application to permit the removal of the muntins from the
doors and windows on the east side of the building with prejudice. Commis-
sioner Cross seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 12
VIII. Reports.
A. Town Manager
1. Bi- monthly water consumption
Town Manager Harrington presented the report and pointed out that the year
to date figure for water consumption for 1995 -1996 is approximately the
same as the previous year. The report reflected a 20.56% decrease from
the base year which was seven years previous.
CB. Town Attorney
There was no report from the Town Attorney.
C. Architectural Review & Planning Board
1. Future meeting dates
a. No meeting in August
b. September 25, 1996 at 8:30 A.M.
C. October 30, 1996 at 8:30 A.M.
These announcements were made by Mayor Koch.
D. Finance Director
1. Financial Report for June, 1996
Mr. Thrasher, Finance Director, noted that a $30,000 transfer had been made
from invested funds into operating funds and that this is normal for this
time of year. This leaves a balance of $416,608.91 in invested funds. He
further reported that $16,388 had been received in property taxes and
$78,730 from water sales.
Operating fund revenues are $13,697 greater than budgeted with expenditures
being $18,527 less than budgeted, resulting in a positive variance of
$32,2247 Mr. Thrasher said.
Revenues for the water fund exceeded the budgeted amount by $10,110 while
the expenditures were $1,375 greater than the budgeted amount, resulting
in a positive variance of $8,735. Commissioner Armour moved that the
Financial Report be approved and the motion was seconded by Commissioner
Cross. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE,
Comm. True; AYE, and Mayor Koch; AYE.
E. Police Chief
1. Activity for June, 1996
Chief Schultz presented the analysis of police activity for June and reported
that Deputy Chief Ward attended the Governor's Hurricane Conference in
Tampa, he had attended a hurricane workshop at the Delray Beach City Hall
with staff,and Town employees attended a hurricanepreparation meeting and
pension workshop in the Town Hall.
F. Construction in progress in June, 1996
The report reflected $5,003,488 worth of construction in progress in Town
during June, 1996.
r
IX. Items for Commission Action.
A. Request for a Construction Trailer -Ocean Breezes, Ltd.
This item was considered earlier in the meeting.
B. Resolutions
1. No. 96 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA, IN SUPPORT OF S. 1811 AND H.R. 3551,
TITLED "THE SHORE PROTECTION ACT OF 1996 "; URGING THE
BILLS' QUICK PASSAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Armour moved for the adoption of Resolution No. 96 -7 and
Commissioner Orthwein seconded the motion. Roll Call: Comm. Orthwein; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 13
2. No. 96 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA, REQUESTING A PRO -RATA SHARE OF THE
COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM
FUNDS FOR THE CITY OF DELRAY BEACH.
Commissioner Armour moved and Commissioner True seconded that Resolution
No. 96 -8 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
GMayor Koch declared a 10 min. recess at this point.
C. BUDGET PRESENTATION (1996 -1997)
1. Budget consideration
Town Manager Harrington began by stating that he felt a decision should be
made with regard to the amount that should be maintained in the reserve
funds. He reminded that over the past several years, funds have been
taken from the reserve in order to balance the budget, and to use for
certain capital projects. In so doing, he said, the projected 9/30/96
Unreserved Fund Balance is estimated to be $126,494. He believed this
balance should be maintained at a minimum of $275,000. Realizing this
could not be accomplished in one year, he recommended that $50,000 be
budgeted this year toward the goal of $275,000 within three years.
Mr. Harrington advised that he had arrived at the $275,000 by projecting
two and one half months of 1996 -97 expenditures. He stated that two and
one half months is approximately the period that minimal revenues are
received. He further pointed to the need to have a reserve in the event
of some type of catastrophe. Mr. Harrington believed that there are three
issues regarding reserve funds; 1) Does the Town need a reserve ?; 2) If so,
how much should be maintained in the reserve ?; 3) If a reserve, greater
than what is currently available is to be established how will it be
funded?
Commissioner Orthwein expressed a desire to maintain a reserve of at
least what is recommended by the Town Manager by budgeting over two or
three years to achieve that goal.
Mayor Koch believed an eventual goal of $250,000 would be sufficient
with $30,000 to be budgeted this year. He pointed out that the General
Obligation Bond would be paid off this year and the following year the
funds that would have gone to pay for the bond could be applied to the
reserve.
Commissioner Cross felt there should be a reserve fund and believed
the recommendation of the Town Manager to be reasonable at this time.
Commissioner Armour favored having a reserve fund and stated he would
be comfortable with . $1,000,000 as an ultimate goal for the reserve.
Commissioner True agreed there should be a reserve fund and felt the
recommendation of the Town Manager was sound.
Mr. Harrington then turned to a review of the proposed budget. He advised
that most of the items are nearly the same as in previous budgets, and
added that the contractual services increase according to the C.P.I. which
is 2.9% this year. With regard to the salaries and benefits, Mr. Harrington
noted that the increases average about 38 as they have in the past.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 14
In addressing the revenue section, Mr. Harrington pointed out that there
is very little opportunity for growth in that the Town, for the most part,
is built -out and has been for some time. He called attention to the
seven -year budget analysis that had been distributed which showed the
tax base has only grown by 1.20% average over the seven years while the
C.P.I. has increased by approximately 4%. If growth does not keep up
with inflation that impacts the expenditures, the only source of revenue
is through an ad valorem tax increase. There is no transfer from the reserve.
Cr
Mr. Harrington noted that the Reserve for Contingency account has been
increased from $30,000 to $50,000 and the budget for streets has been
increased by $20,000 to cover a portion of the drainage project that is
proposed in conjunction with the Little Club. The $50,000 'Contingency is
intended to add to the reserve fund.
Turning to the matter of the tax millage, Mr. Harrington stated that a tax
increase is inevitable this year as he had warned of last year. He stated
that the proposed millage for 1996 -97 operating fund is 3.7830 mills, which is
a 16.29% increase. He went on to advise that the debt service millage
for this year will be 0.5194 mills, a decrease of 28.6 %. When considering
these together the net tax increase would be 7.98 %, a total tax millage of
4.3024 as compared to 3.9843 in 1995 -96. The rolled back rate of millage
for this year is established at 3.2531 mills. Mr. Harrington closed his
presentation by pointing out that a home that is valued at $500,000 would
pay $150.00 more tax in this proposed budget than was paid in 1995 -1996.
Mayor Koch stated that he is certain that there can be reductions in some
areas when additional information is received over the next two months.
Mr. Harrington replied that he too felt there would be some revisions, the
largest of which could possibly be in the insurance premiums. He advised
that he and Mr. Thrasher have met with several insurance agents with
regard to the property, liability, and health insurance and are waiting
for some final quotes from the agents before completing an analysis. He
reminded that millage rates can be decreased during the budget hearings
in September, 1996 but they cannot be increased over what is adopted as
the proposed millage at this meeting. He urged that any changes in the
budget be made in September.
Commissioner True, reminding that he will be unable to attend the September
4, 1996 meeting, believed that the staff has better insight in what is
needed and felt that he should give his constituants the information that
the Town has more expenses than revenues. He believed the Town must maintain
fiscal integrity and keep a surplus. He urged that the Commission not keep
i- fighting a tax increase and take the staff recommendation for now.
Commissioner Orthwein also favored taking the staff recommendation and
maintaining the level of service currently in place.
There were no comments from the public.
2. Proposed Millage Rate for 1996 -1997
Commissioner Armour moved and Commissioner True seconded that the proposed
millage rate for the operating fund for the fiscal year 1996 -1997 be
established at 3.7830 mills and the debt service millage be established
at .5194 mills. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm.
Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Regular Meeting - Public Hearing
Town Commission -July 19, 1996 page 15
3. Certification of Rolled Back Rate
Commissioner Orthwein moved and Commissioner Armour seconded that the
rolled back rate be certified at 3.2531 for 1996. Roll Call: Comm.
Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and
Mayor Koch; AYE.
4. Date of 1st Public-Hearing toward-budget adoption
Commissioner Armour moved and Commissioner Cross seconded that the date
of the 1st Public Hearing be established on September 4, 1996 at 5:01 P.M.
provided the County Commissioners do not change their tentative date, at
which time the staff is authorized to select a different date that will
fit the schedules of the Town Commissioners. Roll Call: Comm. Orthwein;
AYE, Comm. Cross; AYE, Comm..Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE
5. Date of 2nd Public Hearing for budget adoption
Commissioner Armour moved and Commissioner Cross seconded that the date of
the 2nd Public Hearing be September 20, 1996 at 5:01 P.M. provided the
County Commissioners do not change their tentative date, in which instance,
the staff is authorized to select a different date that will fit the
schedules of the Town Commissioners. Roll Call: Comm. Orthwein; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
D. Items by Mayor and Commissioners
There were no items from the Mayor and Town Commissioners.
X. Correspondence.
A. Resolutions opposing recommendations in the President's 1996
budget request which would remove federal participation in
water resources projects, including beach renourishment projects
which are not "nationally significant ".
1. #95 -96; City of Boca Raton
2. #686; Town of Highland Beach
B. Resolutions adopting the position of the Palm Beach County
Municipal League, Inc. with regard to the School Concurrency
Issue.
1. #96 -07; City of Atlantis
2. #2189; City of Belle Glade
3. #113 -96; City of Boca Raton
4. #96 -6; Town of Briny Breezes
5. #96 -4; Town of Glen Ridge
6. #687; Town of Highland Beach
7. #96 -221; Town of Hypoluxo
8. #61 -96; City of Lake Worth
9. #R- 16 -96; Town of Lantana
10. #382 -96; Town of Mangonia Park
11. #45 -96; Village of North Palm Beach
12. #84, 1996; City of Palm Beach Gardens
13. #472; Town of Palm Beach Shores
14. #96 -31; Village of Palm Springs
C. Resolution No. 96 -25 congratulating Carol A. Roberts, District 2,
Board of Palm Beach County Commissioners, who has been elected
President of the Florida League of Counties Association.
All of the above resolutions were made a part of the official record.
Regular Meeting- Public Hearing
Town Commission -July 19, 1996 page 16
XI. Public.
There was no comment from the public.
' XII. Adjournment.
C
Mayor Koch adjourned the meeting at 11:50 A.M. on a motion to do so
made by Commissioner Orthwein and seconded by Commissioner Cross with all
voting in the affirmative.
/2t� / 5 e! � 11 ✓
Rita L. Taylor, To *n Clerk
FORM 8B MEMORANDUM OF VOTING CONFLICT c=C:R
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I t91 I IIRV ♦AlII MIDDII \NMI N4MI Ill IR).ARD.WUNCII..COMMISSION. A I'111OR111. OR t t)sIAl 11111
KOCH, WILLIAM F., JR.
\I 411 IM.
I If RONRD. I 'OUN('11..('OMMISSIO. %.AUIHORIl t OR (Oki M I III I().%
"If It'll I SI'RVF Is A IINI'1 OF.
545 Golfview Drive ❑A (11% ❑ COUMY ❑ OIHER I.00Al. AGFN('t
It COUN11
]AkIP Oh IYII ITICA1. sl1NUIVISION.
Gulf Stream Florida 33483
kit 0% Milil'll%011 OCCI' RRFI) Town of Gulf Stream
Alt' 1'osillo%Is:
July 19, 1996 (SC EI.E('rIVE ❑ API'OlClnr
WHO MUST FILE FORM BE
This form; n Gtr use by am person ,chin_ at the count), city, or othc! local le\el of grnernment on an a; pointed o: cicned hoard.
council. commission, authority, or committee. It applies equally to members ol'adt'ison and non - advisor} bodies a ho arc presented
%%fill a votine conflict of interest under Section 112.3143, Florida Statutes.
)our responsibilities under the last when faced with a measure in which you have a conflict of interest \till van greatly depending
on whether >ou hold an elective or appointive position. For this reason, please pay close attention to the instruciion> on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective count\. municipal, or other local public office MUST ABSTAIN from Noting on a mca,ure which inures
to his special private gain. Each local officer also is prohibited from knowingly toting on a measure tthich inures to the special
gain of a principal (other than a amernmem agency) by whom he is retained.
In either case you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly staling to the assembly the nature of your interest in the measure or,
which >ou are abstaining from toting. and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
—'IIPPOI \'TED OFFICERS:
"` person holding appointive county, municipal, or other local public office MUST ABSTAIN from \oting on a measure tthich
inures to his special private gain. Each local officer also is prohibited from knowingly toting on a measure tthich inures to the
special gain of a principal (other than a government agency) by Mhom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making am' attempt to influence the decision by oral or \vritten communic:uion, t\hether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• 1bu should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A cop> of the form should be provided immediately to the other members of the agency.
• Ti.. form chnulrl he rear( mthliriv at the meetinn ..r .6. T.....:_ .._.. -- _ .- _ r :_.____.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1. William F. Koch, Jr. , hereby disclose that on July 19, 1996 19 ,
(a) A measure came or will come before my agency which (check one)
uutred to nth special private gain; or
affilia
_ xinured to the special gain of Knch Rpa 1 +y wi tlIiy whom I am xaatned.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
An application submitted by Carl W. Smith for development
approval of Lot 1, Wm. H. Evans Subdivision in. Gulf Stream,
F1. was heard at the Public Hearing held by the Town Commission/
Board of Adjustment on July 19, 1996.
I declared a conflict in this matter since the firm with which
I am affiliated participated in the sale of the property to Mr. Smith.
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.