HomeMy Public PortalAbout10/18/1996PUBLIC HEARING
CHANGE OF MEETING DATE
NOTICE IS HEREBY GIVEN that the Public Hearing that was
originally scheduled for October 11, 1996 at 9:00 A.M. has been
rescheduled and will be held on October 18, 1996 at 9:00 A.M.,
in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf
Stream, Florida.
At this Public Hearing, two Applications for Development
Approval submitted by H. Frank Lahage & Associates, Inc., as Agent
for Mr. & Mrs. Paul Malnove, owners of the property located at
1535 N. Ocean Blvd., Gulf Stream, Florida shall be considered by
the Town Commission. The details of this proposed project were
listed in the Notice of Application for Development Approval dated
September 11, 1996. Complete application materials are on file in
the Office of the Town Clerk located at 100 Sea Road, Gulf Stream,
Florida and may be reviewed during regular business hours which generally
include non - holiday weekdays from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THIS MATTER may appear before the Town
Commission on Friday, October 18, 1996 at 9:00 A.M. in the Commission
Chambers of the Town Hall and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE Town
COMMISSION WITH RESPECT 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.
286.0105, F.S.S.
Dated: October 4, 1996 TOWN OF GULF STREAM, FLORIDA
October 11, 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, OCTOBER 18,
1996, AT 9:00 A.M., IN
THE COMMISSION CHAMBERS
OF
THE TOWN HALL, 100
SEA ROAD, GULF STREAM
FLORIDA 33483.
AGENDA
Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. September 4, 1996
1. Regular Meeting
2. Public Hearing (budget)
B. September 20, 1996
1. S.Aecial Meeting
2. Public Hearing (budget)
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meeting & Public Hearing - November 8, 1996 at 9 A.M.
B. Regular Meeting &Public Hearing - December 13, 1996 at 9 A.M.
C. Regular Meeting & Public Hearing- January 10, 1996 at 9 A.M.
VIl. PUBLIC HEARING -Board of Adjustment.
A. Applications for Development Approval
1. H. Frank Lahage & Associates, Inc., as agents for Mr. &
Mrs. Paul Malnove, owners of the property located at
1535 N. Ocean Blvd., Gulf Stream, Florida, legally described
as the N 200' of the S 268' of Govt. Lot 1 east of Ocean
Blvd., Section 10, Township 46 South, Range 43 East.
a. SUBDIVISION REVIEW -To permit the parcel to be divided
into two lots of approximately 100 ft. frontage each.
b. LAND CLEARING PERMIT -To permit clearing of the north
100' to permit construction of a single family dwelling.
c. AlA VEGETATIVE DISTURBANCE PERMIT -To permit alteration
of the vegetation and driveway entrance within the
50' Historic Corridor adjacent to AlA.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit
construction of a 2- story, single family dwelling and
accessory structures on the north 100' of the property
2. H. Frank Lahage & Associates,•Inc. as agents for Mr. & Mrs.
Paul Malnove, owners of the property located at 1535 N.
Ocean Blvd., Gulf Stream, Florida, legally described as the
S 100' of the N 200' of the S 268' of Govt. Lot 1,
east of Ocean Blvd., Section 10, Township 46 South, Range
43 East.
a. LAND CLEARING PERMIT -'m permit clearing of the south
100' to prepare the vacant lot for future use for
construction of a single family dwelling.
b. AlA VEGETATIVE DISTURBANCE PERMIT -TO permit alteration
of the vegetation within the 50' Historic Corridor
adjacent to AlA in preparation for the future construct-
ion of a single family dwelling on the south 1001.
October 11, 1996
AGENDA CONTINUED
1 VIII. Reports.
A. Town Manager
B. Town Attorney
C. Town Engineer
1. Polo Drive Drainage
D. Architectural Review & P
1. Future Meeting Dates
a. October 30, 1996
b. November 26, 199
C. December 17, 199
E. Finance Director
1. Financial Report for
2. Bi- monthly water con
F. Police Chief
1. Activity for Septemb
G. Construction in progress
1. August, 1996
2. September, 1996
IX. Items for Commission Action.
A. Resolution No. 96 -15; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING
THE FINANCE DIRECTOR OF THE TOWN OF GULF STREAM, OR HIS DESIGNEE,
TO ACT AS THE ADMINISTRATORS) FOR FUNDS OF THE TOWN OF GULF
STREAM HELD AT THE STATE BOARD OF ADMINISTRATION; PROVIDING
AN EFFECTIVE DATE.
B. Items by Mayor and Commissioners
X. Public.
XI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. 286.0105 F.S.S.
lanning Board
at B:30 A.M.
(Wednesday)
6 at 8 :30 A.M.
(Tuesday)
6 at 8:30 A.M.
(Tuesday)
September, 1996
sumption
er, 1996
A. Resolution No. 96 -15; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING
THE FINANCE DIRECTOR OF THE TOWN OF GULF STREAM, OR HIS DESIGNEE,
TO ACT AS THE ADMINISTRATORS) FOR FUNDS OF THE TOWN OF GULF
STREAM HELD AT THE STATE BOARD OF ADMINISTRATION; PROVIDING
AN EFFECTIVE DATE.
B. Items by Mayor and Commissioners
X. Public.
XI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. 286.0105 F.S.S.
r
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 18, 1996, AT
9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
GULF STREAM, FLORIDA.
I.
II.
III
IV.
Call to Order. Mayor Koch called the meeting to order at 9:00 A.M.
Pledge of Allegiance. Vice Mayor Armour led the Pledge of
Allegiance.
Roll Call.
Present and
Participating
Also Present and
Participating
William F. Koch, Jr.
Alan I. Armour
James E. Cross
Joan S. Orthwein
A. Curtis True, M.D.
E. Scott Harrington
Scott Hawkins
William Thrasher
Robert Schultz
Jack Conway
Guy Flora
Jerry David
Jay Foy
Sammy Winston
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Finance Director
Police Chief
Architect for Malnoves
Agent for Malnoves
Shalloway, Foy et. al.
Shalloway, Foy et. al.
Town Resident
(Budget) held September 20, 1996. Commissioner Cross moved and
Commissioner True seconded that all of the minutes be approved as
circulated and all voted AYE.
V. Additions withdrawals deferrals arrangement of agenda items.
Town Manager Harrington requested the Commission hear Item
VIII.C.1., Engineer's Report on Polo Drive Drainage, immediately after
the public hearing for the applications for development approval. There
was no opposition to this request.
VI. Announcements.
A. Meeting Dates
1. Regular Meeting /Public Hearing - November 81 1996, at 9 A.M.
2. Regular Meeting /Public Hearing - December 13, 1996, at 9 A.M.
3. Regular Meeting /Public Hearing- January 17, 1997, at 9 A.M.
These dates were confirmed by the Commission after it was agreed to move
the date of the January meeting to the third Friday as requested by Mr.
Harrington.
VII. Public Hearing -Board of Adjustment.
A. Applications for Development Approval.
REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION
October 18, 1996
page 2
1. H. Frank Lahage & Associates, Inc., as agent for Mr. & Mrs.
Paul Malnove, owners of the property located at 1535 North
Ocean Blvd., Gulf Stream, Florida, legally described as the
north 200' of the south 268' of Government Lot 1 east of Ocean
Blvd., Section 10, Township 46 South, Range 43 East.
Mayor Koch asked all of those wishing to speak on any of the development
C applications to be heard at this public hearing to stand and be sworn,
whereupon Attorney Hawkins administered the oath to Jack Conway and Guy
Flora.
Mayor Koch declared a conflict concerning the subject application in as
much as his realty firm was involved in the sale of the property to the
Malnoves. Vice Mayor Armour then took the gavel.
Jack Conway presented plans for the proposed residence noting its
Spanish- Mediterranean style. He stated the home will have about 8,000
square feet under air and a total of 10,230 square feet under roof.
In reviewing the front elevation, Mr. Conway noted that the
Architectural Review and Planning Board (ARPB) had requested several
changes be made. These included: the use of one type of dental molding
on the eaves instead of two as originally proposed; the removal of the
cross - hatching on the front wall to the right of the front door; the
removal of the crest on the rear elevation; and the use of one column
instead of two around the garage windows. He then showed the original
colored perspective of the house and a revised front elevation showing
the changes. He closed his presentation by noting that the proposed
home met all of the standards in the Design Manual and the home was
within the allowable floor area ratio.
Commissioner True stated he believed the front elevation was too complex
and busy and needed to be simplified. Further, he felt the home was too
large and took up too much of the lot area. He then suggested that
consideration of the application be deferred to permit the architect to
revisit the elevation and size of home with his client. Mr. Conway
stated that the complexity of the front elevation already had been
reduced by the ARPB and that he had made all of the requested changes.
He also stated that the Spanish- Mediterranean style was an eclectic
style that traditionally incorporated a number of design details and
finishes. Mr. Conway also pointed out that the size of the home was
within the limits permitted by the Design Manual.
Commissioner Cross stated that he too found the elevation, as revised,
to be overly complex, but that he did not believe the Commission had the
ability to deny it or require changes because nothing about the design
or size is prohibited by the Design Manual or Land Development Code.
Commissioner True stated he believes the design and size are counter to
the intent of the Design Manual, which is to encourage high quality,
understated homes. He stated further that it is the job of the
Commission to do what's best for Gulf Stream and, accordingly, he felt
the design should be changed and the size reduced.
REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION page 3
October 18, 1996
The Commission called upon Mr. Harrington to review his report. Mr.
Harrington stated that he and Mr. Skowkowski of Urban Design Studio
found the design, as originally proposed, to be minimally consistent
with the standards in the Design Manual. He pointed out, though, that
they too had some concerns about the complexity of the front elevation
and suggested the applicant and Board address this issue. He further
stated that the revised elevation included all of the changes requested
by the ARPB.
Mr. Harrington also noted that the application requires several
different approvals including a subdivision, land clearing permit and
North Ocean Boulevard Landscape Disturbance Permit. He called attention
to his report wherein he found that each of the requests met the
standards.
a. SUBDIVISION REVIEW -To permit the parcel to be divided into
two lots of approximately 100' of frontage each.
Mr. Harrington noted that he recommended that the applicant dedicate the
front 30 feet from each proposed lot for right -of -way for North Ocean
Boulevard. Because this property was never platted, the dedication has
never been made, he said. Hearing no comments from the public,
Commissioner Orthwein moved, and Commissioner Cross seconded, that a
two -lot subdivision be approved as recommended by the ARPB, which
recommendation includes the dedication of right -of -way for North Ocean
Boulevard. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm.
True; AYE, Vice Mayor Armour; AYE.
b. LAND CLEARING PERMIT -To permit clearing of the north 100'
to permit construction of a single family dwelling.
Vice Mayor Armour asked for comments from the public and there were
none. Commissioner Cross moved, and Commissioner Orthwein seconded,
that a Land Clearing Permit be approved as recommended by the ARPB,
which recommendation includes conditions that the saved and relocated
plant materials be protected during construction and that an engineer
attest to the drainage system prior to the issuance of a Certificate of
Occupancy. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm.
True; AYE, Vice Mayor Armour; AYE.
c. AlA VEGETATIVE DISTURBANCE PERMIT -To permit alteration of
the vegetation and driveway entrance within the 50'
historic corridor adjacent to AlA.
Mr. Harrington pointed out that the ARPB recommended the gate design be
deleted from this request due to its complexity. Mr. Conway concurred
stating that if his client still wanted a gate, he would return at a
later date with a revised design. Hearing no comments from the public,
Commissioner Orthwein moved, and Commissioner Cross seconded, that an
AlA Vegetative Disturbance Permit for the landscaping, wall and driveway
be approved as recommended by the ARPB. Roll Call: Comm. Orthwein;
AYE, Comm. Cross; AYE, Comm. True; AYE, Vice Mayor Armour; AYE.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit
construction of a 2- story, single family dwelling and
accessory structures on the north 100' of the property.
Commissioner True reiterated his concerns and objections to the
complexity of the front elevation and again suggested that action on the
plans be deferred. Commissioner Orthwein asked Mr. Conway if he could
convey to the owners the Commission's desire for a simplified elevation.
REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION
October 18, 1996
page 4
Mr. Conway replied that he would be happy to discuss the Commission's
comments with the Malnoves, but he did not know what their response
would be. However, he stated that perhaps the pop -up windows in the
garage could be eliminated. Beyond that, he continued, the form of the
building is a rather simple block structure. Commissioner Orthwein
agreed adding that she definitely did not want all of the detail
eliminated, just some of the complexity reduced.
CThere was no additional comment from the public. Commissioner Cross
moved, and Commissioner Orthwein seconded, that a Level 3 Architectural/
Site Plan Review be approved, given that the plans, as revised and
presented at the hearing, are in keeping with the Design Manual with no
basis for denial, but that Commission informally requests that the owner
examine the front elevation for simplification. Roll Call: Comm.
Orthwein; AYE, Comm. Cross; AYE, Comm. True; NAY, Vice Mayor Armour;
AYE. Commissioner Orthwein stated again that detail was very important
and that the Commission was not asking that it be removed entirely, just
cleaned up a bit.
2. H. Frank Lahage & Associates, Inc., as agent for Mr. & Mrs.
Paul Malnove, owners of the property located at 1535 North
Ocean Blvd., Gulf Stream, Florida, legally described as the
south 100' of the north 200' of the south 268' of Government
Lot 1 east of Ocean Blvd., Section 10, Township 46 South,
Range 43 East.
Mr. Harrington reviewed the requests stating that the applicant wished
to begin clearing both lots simultaneously in anticipation of a new home
being proposed for the south lot. Although an application for a home on
the south lot is not being considered at this meeting, an application
has been submitted which will likely reach the Commission some time in
December. There was no comment from the public.
a.LAND CLEARING PERMIT -To permit clearing of the south 100'
to prepare the vacant lot for future use for construction
of a single family dwelling.
Commissioner Orthwein moved, and Commissioner Cross seconded, that a
Land Clearing Permit be approved as recommended by the ARPB. Roll Call:
Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, Vice Mayor
Armour; AYE.
b.AlA VEGETATIVE DISTURBANCE PERMIT -To permit alteration of
the vegetation within the 50' historic corridor adjacent to
AlA in preparation for the future construction of a single
family dwelling on the south 1001.
Mr. Harrington pointed out that only brush would be removed and that no
Australian pines were involved. Commissioner Orthwein moved, and
Commissioner Cross seconded, that an AlA Vegetative Disturbance Permit
be approved as recommended by the ARPB. Roll Call: Comm. Orthwein;
AYE, Comm. Cross; AYE, Comm. True; AYE, Vice Mayor Armour; AYE.
Vice Mayor Armour returned the gavel to Mayor Koch.
VIII. Reports.
C. Engineer
REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION
October 18, 1996
page 5
1.Polo Drive Drainage
As agreed earlier in the meeting, the Commission heard the Engineer's
report at this time.
Jerry David, Associate with Shalloway, Foy, Raymand & Newell Associates,
Inc., stated that the report distributed to the Commission prior to
meeting provides a breakdown of the construction costs involved for the
C installation of two, 20 cubic feet per second (CFS) pumps at the western
end of the southernmost lake on the Little Club property. Mr. David
then distributed a list of estimates of non - construction costs such as
engineering, survey work and construction management. Together, these
would add another $35,000 to $55,000 to the cost of the project.
Mayor Koch noted that the proposed design requires pipes be located on
private property for which the Town currently does not have easements.
Mr. David said that was correct and that no estimate of the costs to
acquire the easements, if any, had been made. Mr. Harrington pointed
out that one of the property owners was the Little Club who would
benefit from the project and would probably give the easement in lieu of
money to pay part of the cost. Likewise, he continued, the other
property is vacant but a house likely will be proposed soon requiring
approval from the Town. At that time, the Town would have an
opportunity to discuss the easement with the property owner. Mayor Koch
stated that as a last resort, the Town may have to buy the easement or
condemn it, both of which could be very expensive.
Mayor Koch also stated that the proposed project would not address the
small areas of standing water on the street as some people in the area
believe. Mr. Foy agreed.
Mr. Harrington reviewed his memo to the Commission in which he
questioned the need for two pumps instead of one. Mr. Foy answered that
the cost difference was rather marginal given that cost of one pump
alone was already more than $250,000. Mr. Foy also pointed out that
even two pumps would not fully eliminate the flooding, they would only
reduce the depth and duration as indicated on the bar charts attached to
Mr. David's report.
Commissioner Orthwein asked about maintenance costs. Mr. Foy stated
that these had not been addressed but certainly would need to be.
Mayor Koch pointed out that the pumps would be located right behind two
homes and may be noisy and unattractive. Mr. David said that the pumps
would be similar in appearance to those on the north end of the Little
` Club. They would make noise only when they ran, which would be very
infrequently, and they could be screened with landscaping, he said.
Mr. Foy said that the real issue was, is it worth the expense to reduce
flooding by 6 hours for the 3 -year storm? Mayor Koch answered no as did
Sammy Winston, a resident on Old School Road. Mrs. Winston did express
a concern over accessibility by emergency vehicles during the floods but
felt the cost did not justify the small benefit, particularly given that
the flooding occurs very rarely. Commissioner Armour also expressed
REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION page 6
October 18, 1996
doubts noting that the project was not a complete fix for the flooding
and did nothing to diminish the small puddles.
Mayor Koch suggested Mr. Harrington present the project at the Civic
Association's board meeting later this month to ascertain the opinions
of those living in the area. Mayor Koch emphasized that the Town could
not pay for this improvement and that those living in the affected
drainage basins would have to bear most of the expense. Mr. Harrington
agreed to do this.
A. Town Manager
Mr. Harrington had no report.
B. Town Attorney
Assistant Town Attorney Hawkins had no report. Mr. Armour inquired as
to whether speed bumps were legal. Mr. Hawkins responded that he has
seen them used in residential areas but did not know whether the streets
were public or private and that he would have to research the issue. Mr.
Harrington said Mr. David had recently completed a speed bump project
for another community and he would get some information from him.
D. Architectural Review and Planning Board
1.Future Meeting Dates
a. October 30, 1996, at 8:30 A.M.
b. November 26, 1996, at 8:30 A.M.
c. December 17, 1996, at 8:30 A.M.
These announcements were made by Town Manger Harrington. Mr. Harrington
also stated that the Gulf Stream School had withdrawn their request to
change roof material and that the request would not be coming forward to
the Commission.
E. Finance Director
1.Finance Report for September 1996
Mr. Thrasher stated that $125,000 had been transferred from invested
funds to the operating fund. He noted that the activity report does not
tie into the budget report as the budget report included end -of -year,
non -cash adjustments. Both the operating fund and water fund had
positive variances for the year, he said.
2.Bi- monthly water consumption
Water use for the 1996 fiscal year was up about 4.5% over the previous
year but about 25% less than the base comparison year of 1989, according
to Mr. Thrasher.
F. Police Chief
1. Report on activity for September 1996
Chief Schultz reviewed his report, noting that four of the seven
criminal investigations lead to arrests.
IX. Items for Commission Action.
A. Resolution No. 96 -15; A RESOLUTION OF THE TOWN COMMISSION OF
THE OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE FINANCE
DIRECTOR OF THE TOWN OF GULF STREAM, OR HIS DESIGNEE, TO ACT AS THE
ADMINISTRATORS) FOR THE FUNDS OF THE TOWN OF GULF STREAM HELD AT THE
STATE BOARD OF ADMINISTRATION; PROVIDING AN EFFECTIVE DATE.
Mr. Harrington read the resolution by title. Mr. Thrasher reminded the
Commission of their discussions at the previous meeting and their desire
to participate in the state invested funds program. This resolution, he
REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION page 7
October 18, 1996
said, was a requirement to join the program. Commissioner Armour moved,
and Commissioner Orthwein seconded, that Resolution No. 96 -15 be adopted
as presented. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm.
True; AYE, Vice Mayor Armour; AYE, Mayor Koch; AYE.
B. Items by Mayor and Commissioners
Vice Mayor Armour asked Mr. Harrington about the status of the school
concurrency program. Mr. Harrington replied that the County Commission,
School Board and Municipal League held a joint meeting to discuss their
various positions on the issue but could not come to agreement. The
groups decided to have their lawyers and appropriate staff continue to
meet to hammer out an agreement every one could live with. According to
Mr. Harrington, those meetings are continuing but may be approaching an
impasse whereupon the elected officials will have try to work out a deal
themselves. In any case, time is running out to put the issue on the
March ballot. The County Commission is scheduled to meet in early
November to finally decide whether the issue is ready for referendum.
X. Public. There was no comment from the public.
XI. Adiournment. Mayor Koch adjourned the meeting at 10:50 A.M. on a
motion to do so by Commissioner Orthwein which was seconded by
Commissioner Cross with all voting in the affirmative.
.Agbot-f-ATarringbon, Town Manager