HomeMy Public PortalAbout12/13/1996MAYOR:
VICE MAYOR:
COMMISSIONER:
William F. Koch, Jr.
Alan I. Armour
James E. Cross
Joan K. Orthwein
December 6, 1996
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 13, 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 of November 8, 1996.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings & Public Hearings.
1. January 17, 1997 at 9 A.M.
2. February 14, 1997 at 9 A.M.
3. March 14, 1997 at 9 A.M.
B. Australian tree planting ceremony to be held at 10:30 A.M.
on December 17, 1996 at the Town Hall.
VII. PULBIC HEARING -Board of Adjustment.
A. Applications for Development Approval
1. John D. Conway as Agent for Mr. & Mrs. Dave Grissom,
contract purchasers 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,
E of Ocean Blvd., Sec. 10, Township 46 South, Range 43 East.
a. LAND CLEARING PERMIT -To permit construction of a
dwelling, which includes the addition of fill material.
b. AlA VEGETATIVE DISTURBANCE PERMIT -To permit alteration
of the vegetation and installation of a driveway
entrance.
C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit
construction of a 2- story, single family dwelling
and accessory structures on the property described
herein.
B. Request for an extension of a Site Plan Approval that expired
November 29, 1996 -Mr. & Mrs., James Wolter
VIII. Reports.
A. Town Manager
B. Town Attorney
C. Architectural Review & Planning Board
1. Meeting Dates
a. December 17, 1996 at 8:30 A.M.
b. January 22, 1997 at 8 :30 A.M.
C. February 26, 1997 at 8:30 A.M.
D. Finance Director
1. Financial Report for November, 1996
2. Bi- monthly water consumption
E. Police Chief
1. Activity for November, 1996
F. Construction in Progress
1. October, 1996
2. November, 1996
IX. Items for Commission Action.
A. Presentation of the Audit for Fiscal Year 1995 -1996
B. Appointment to fill a Commission vacancy
C. Appointment to fill vacancy on the Historic Highway Committee
D. Items by Commissioners
AGENDA CONTINUED
X. Public.
XI. Adjournment.
December 6, 1996
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.
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMIS-
SION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 13, 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.
Vice Mayor Armour led the Pledge
of Allegiance.
III.
Roll
Call.
Assistant Town Attny.
Present and William F. Koch, Jr. Mayor
Participating: Alan I. Armour Vice Mayor
Joan S. Orthwein Commissioner
Absent:
James E. Cross
Commissioner
Also Present and
Rita L. Taylor
Town Clerk
Participating:
Tracey Biagiotti
Assistant Town Attny.
William Thrasher
Finance Director
Robert Schultz
Police Chief
John Conway
Agent for Mr. Grissom
Guy Flora
Contractor for Grissom
Paul Bremmer
Ernst & Young LLP
Brian Pfeifler
Town Resident
William Lynch
Pres. Place Au Soleil
IV. Minutes of the Regular
Meeting of November 8,
1996. Commissioner
Armour moved and
Commissioner Orthwein seconded that the minutes
be approved as circulated
and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
The Town Clerk requested that Item IX.A., Presentation of the Audit,
be heard next on the agenda and that Resolution #96 -17, Amending the
Deferred Compensation Plan, be added to the agenda as Item IX.E. under
Commission Action. There were no objection to these changes.
IX.A. Presentation of the Audit for Fiscal Year 1995 -1996. Mr. Paul
Bremmer of Ernst & Young was recognized. He stated that they are
giving an unqualified opinion, meaning there are no explanatory paragraphs,
exceptions or qualifications, which is good news to the Town as it means
the financial statements are fairly presented. He cited two other reports;
1) Internal Controls, in which no material weaknesses were found. 2) Laws
and Regulations which revealed no material violations thereof. Mr.
Bremmer stated they had encountered no difficulties in performing the
audit in that the records were in good shape and the Town was very cooperat-
ive. He complemented Mr. Thrasher on his preparation for the audit, which
enabled them to present it in December. He reported that there were no
significant recorded adjustments and no errors or irregularities. Mr.
Bremmer closed by citing two management letter comments; one relatively
minor having to do with the.reporting structure on the damage deposits,
a matter of how the Commission wants to handle it, and one budget item
having to do with timing of payments on some expenditures which had no
effect on the financial position of the Town. Commissioner Armour moved
and Commissioner Orthwein seconded that the Audit be accepted as presented.
Roll Call: Comm. Orthwein; AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
Mayor Koch directed that Mr. Thrasher prepare a reply to the two management
letter comments for presentation at the next meeting.
Regular Meeting & Public Hearing
Town Commission- December 13, 1996 page 2
VI. Announcements.
A. Regular Meetings & Public Hearings.
1. January 17, 1997 at 9 A.M.
2. February 14, 1997 at 9 A.M.
3. March 14, 1997 at 9 A.M.
B. Australian tree planting ceremony to be held at 10:30 A.M.
on December 17, 1996 at the Town Hall.
These announcements were made by Mayor Koch.
VII. PUBLIC HEARING -Board of Adjustment.
A. Applications for Development Approval
The Town Clerk requested that all persons in the audiance who would be
speaking in regard to any matters being heard during this public hearing
please stand to receive the Oath. She then administered the Oath to
John D. Conway and Guy Flora.
1. John D. Conway as Agent for Mr. & Mrs. Dave Grissom,
contract purchasers 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, E of
Ocean Blvd., Sec. 10, Township 46 South, Range 43 East.
Mayor Koch disclosed the fact that while he was not directly involved in
the sale of the property to Mr. & Mrs. Grissom, the real estate firm with
which he is affiliated was involved in the sale. He then asked the Town
Attorney if this would be a conflict of interest. The Attorney asked Mr.
Conway, agent for Mr. & Mrs. Grissom, if the contract contained any clause
that made the sale contingent on the approval of a site -plan for the
property. Mr. Conway stated that to the best of his knowledge there was
no such provision. The Attorney then advised Mayor Koch that no conflit
existed in this matter and he was free to participate and vote.
Mr. Conway was recognized and displayed aco]ored rendering of the 2 -story
Gulf Stream - Bermuda style home,advising that the structure as proposed is
consistent with the provisions of the Code. He advised that the total
living area is 6,454 square feet with the gross area being 9,196 square
feet. He pointed out that the proposed gross floor area is about 837 sq.
feet less than the maximum permitted under the Sliding Scale Floor Area
Ratio. Mr. Conway stated that the three car garage is connected to the
house via a covered, open -air walkway. He noted that while the garage
-faces AlA, it will be totally screened from view from the road.
a. LAND CLEARING PERMIT -To permit construction of a dwelling,
which includes the addition of fill material.
Town Clerk Taylor advised that a Land Clearing Permit had been approved
for this lot at the same time as one was approved for the adjacent lot to
the north. She pointed out that most of the existing significant vegetation
would be saved or relocated and about 5 feet of fill is proposed in the
area of the building pad, with gradual slopes and terracing to property
lines.
Mr. Conway advised that the first floor elevation had been proposed at
+19.5 feet NGVD, which is about one foot lower than the recently approved
home to the north and about 3.6 feet higher than the existing home to the
south. He further stated that the maximum floor elevation permitted by
Code is approximately +20 feet NGVD, which is 1.5 feet higher than the
crown of AlA in front of the lot. Mr. Conway stated that Mr. Harrington
felt the proposed floor elevation of +19.5 should be reduced by 1 foot,
to +18.5 to lessen the impact on the neighbor to the south. He reported
that his client had no objection to complying with this request.
Regular Meeting & Public Hearing
Town Commission- December 13, 1996 page 3
The Town Clerk reported that the ARPB had recommended approval of the
Land Clearing Permit with the conditions recommended by the Town Manager.
Commissioner Orthwein moved that a Land Clearing Permit be approved based
on a finding that the plans and documents submitted by the applicant meet
all applicable permitting standards with the following Conditions: 1)
All remaining or relocated vegetation shall be adequately protected
during construction; 2) Prior to a Certificate of Occupancy, the applicant
shall install and have certified by a qualified engineer a drainage system
that complies with all Town drainage regulations and which diverts storm
water away from adjacent properties; 3) All proposed floor elevations
and hardscape elevations adjacent to the house shall be lowered by one foot
bringing the main floor area elevation down to +18.5 NGVD. The motion
was seconded by Commissioner Armour. Roll Call: Comm. Orthwein; AYE,
Comm. Armour; AYE, and Mayor Koch; AYE.
b. AlA VEGETATIVE DISTURBANCE PERMIT -To permit alteration
of the vegetation and installation of a driveway
entrance.
Mr. Conway advised that the entire driveway will be composed of loose
Chattahooche, which includes a circular motor court in front of the house
with a spur that leads to the garages which face west but will be screened
from the road by extensive landscaping. He further advised that the plans
do not include a wall, gate or entry columns adjacent to AlA -only landscaping,
Town Clerk Taylor advised that the ARPB had recommended the issuance of
the permit with the condition that all drawings be changed to show that
the mature stand of sea grape trees that will screen the garage doors from
AlA will not be removed or relocated. Guy Flora, the contractor for Mr.
Grissom, stated that they had originally thought these would have to be
relocated in order to screen the doors but it has later been determined
that the proposed citing of the structure will place the garage doors
directly behind the sea grape, making it unnecessary to move them. He
advised they will be happy to amend the drawings to reflect this.
Commissioner Armour moved to apgave an AlA Vegetative Disturbance Permit
based upon a finding that the plans and documents submitted by the ap-
plicant meet all applicable permit standards with the condition that all
drawings as submitted be amended to reflect that the existing seagrape
trees, which will screen the garage doors, will not be removed or re-
located. Mrs. Orthwein seconded the motion. Roll Call: Comm. Orthwein;
AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit
construction of a 2- story, single family dwelling and
accessory structures on the property described herein.
The Commissioners were pleased with the design and complimented Mr. Conway
on his work. The Town Clerk reported that the ARPB had recommended
approval with conditions that had been addressed previously.
There being no comment from the public, Commissioner Orthwein moved 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 re-
quirements; 2) All proposed floor elevations and hardscape elevations
adjacent to the house shall be lowered by one foot, bringing the main floor
area elevation down to +18.5 NGVD; and 3) All drawings in connection with
Regular Meeting & Public Hearing
Town Commission - December 13, 1996 page 4
this project be amended to show that the existing seagrape trees that will
screen the garage doors facing west shall not be removed or relocated. The
motion was seconded by Commissioner Armour. Roll Call: Comm. Orthwein;
AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
B. Request for an extension of a Site Plan Approval that expired
November 29, 1996 -Mr. & Mrs. James Wolter
The Town Clerk advised that the attached letter of request for a 12 month
extension of a Site Plan Approval that expired on November 29, 1996 had
Ci been submitted by Mr. & Mrs. Wolter but she had not spoken with them to
determine the reason for the delay of the proposed project. She advised
that she had assumed there would be a representive present at the meeting
to answer any questions that the Commission might have.
The Commissioners believed .._that a 12 month extension was too long. Commis-
sioner Orthwein moved and Commission Armour seconded that a 6 month extension
be granted. Roll Call: Comm. Orthwein; AYE, Comm. Armour; AYE, and
Mayor Koch; AYE. The Commissioners added that if an additional extension
is justified, Mr. & Mrs. Wolter could return at the end of 6 months with
another request.
VIII. Reports.
A. Town Manager
There was no report from the Town Manager
B. Town Attorney
There was no report from the Town Attorney
C. Architectural Review & Planning Board
1. Meeting Dates
a. December 17, 1996 at 8:30 A.M.
b. January 22, 1997 at 8:30 A.M.
c. February 26, 1997 at 8:30 A.M.
These dates were announced by Mayor Koch.
D. Finance Director
1. Financial Report for November, 1996
Mr. Thrasher reported that $40,000 had been transferred from the invested
funds but that will no longer be necessary as the ad valorem tax money
has started to be received with $430,000 deposited as of December 11, 1996.
Mr. Thrasher further reported that $275,000 has been transfered into the
State Investment Pool. Mayor Koch asked if the monies in this pool were
loaned out to governmental agencies, expressing concern that it could be
lost in view of the condition that Orange County in California now finds
itself in. Mr. Thrasher advised that he did not know that answer but that
he would research the matter and bring back an answer. Mr. Thrasher
went on to advise that $19,196.15 had been received in November for water
consmption. Finance Director Thrasher reported net revenues in the
amount of $2,465.84 above the budgeted amounts in the General Fund and a
net revenue figure of $30,625.39 above the budgeted amounts in the Water Fund,
Commissioner Armour moved and Commissioner Orthwein seconded that the
Finance Report be accepted as presented and all voted AYE.
2. Bi- monthly water consumption
Mr. Thrasher reported that water usage is up 5.97% at the end of November
1996 as compared to November, 1995 but that in comparing the usage at the
end of November, 1996 with the usage at the beginning of the measuring
period 1988 -1989, the consumption has been reduced by 32.26 %.
E. Police Chief
1. Activity for November, 1996
There were no questions regarding the report and Chief Schultz added as an
item of information that he had been on vacation from November 1, 1996 to
November 10, 1996, held Employee Assistance Program meetings on November
Regular Meeting & Public Hearing
Town Commission - December 13, 1996 page 5
19, 1996 and November 26, 1996, and attended the Palm Beach County Chiefs
business meeting on November 21, 1996.
F. Construction in Progress
1. October, 1996
This report revealed $5,872,565 worth of construction in progress in October.
2. November, 1996
$9,853,075 worth of construction in progress in November was reflected in
the report.
C' IX. Items for Commission Action.
A. Presentation of the Audit for Fiscal Year 1995 -1996.
This item was considered at the top of the agenda.
B. Appointment to fill a Commission vacancy.
Mayor Koch questioned if any letters of interest in this position had been
received. Town Clerk Taylor replied that there had been two letters
submitted, one from Robert Hopkins, II and one from Fred Devitt, III. The
members of the Commission all commented that these both were exceptional
choices and as such, the selection of one will be very difficult. Mayor
Koch reminded that this appointment will serve until the next election
date which will be in March, 1997 for this one seat. Commissioner Orthwein
placed the name of Robert Hopkins, II in nomination and Commissioner
Armour offered the name of Fred Devitt, III in nomination. Mayor Koch
directed that there would be a written vote. The Town Clerk collected
the ballots and reported that there were two votes for Mr. Hopkins and one
for Mr. Devitt. With that, Commissioner Armour requested to change his
vote making it a unanimous vote for Mr. Hopkins. The Commissioners
commented that there would no doubt be future openings on the Commission
and they were hopeful that Mr. Devitt would once again express interest
in serving.
C. Appointment to fill vacancy on the Historic Highway Committee
Mayor Koch called attention to a copy of the minutes of the meeting of
the Committee on November 6, 1996 wherein the following were recommended
for an appointment on the Committee: Randolph Ely, Candace Heydt, Betsy
Horenburger, Marjorie McGraw, Perry O'Neal and Scott Tiernan. He noted
that it was also recommended that the Committee be increased from 5 members
to seven members with 2 appointments to be men. The members of the
Commission agreed that the membership should remain at 5 as originally
established. Commissioner Orthwein moved to nominate Marjorie McGraw
to fill the vacancy on the Committee, pointing out that Mrs. McGraw lives
on AlA and has an active interest in plants and gardening. There were no
other nominations and Commissioner Orthwein moved that the nominations be
closed and one unanimous ballot cast for Mrs. McGraw. The motion was
seconded by Commissioner Armour. Roll Call: Comm. Orthwein; AYE, Comm.
Armour; AYE, and Mayor Koch; AYE.
D. Items by Commissioners
There were no items by the Mayor or the Commissioners.
E. Resolution 96 -17; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING AND
RESTATING THE DEFERRED COMPENSATION PLAN; PROVIDING AN
EFFECTIVE DATE.
Finance Director Thrasher explained that ICMA had furnished an Amended
457 document that will reflect a change in the IRS rules. This change
dictates that the assets of the 457 Deferred Compensation Plan shall be
held in trust, with the Town as trustee, for the exclusive benefit of
the Plan participates and will no longer be considered as an asset of the
Town. Mayor Koch observed that these funds would no longer be included
Regular Meeting & Public Hearing
Town Commission- December 13, 1996 page 6
in the assets of the Town and that could possibly effect the bond rating
in the future. He suggested that perhaps this should be tabled until
more information is available. Town Clerk Taylor observed that this
change had been under consideration by the IRS for some time and that
perhaps the financial problems experienced by some governmental bodies,
such as Orange County, California, had given the IRS the justification
for the change.
Brian Pfeifler, speaking from the audiance, asked if the monies that are
in this fund come from the Town or from the employees. He was advised
that all funds in the 457 are contributions from the employees with no
Town funds involved. Mr. Pfeifler believed that the employees money in
this fund should be protected from being attached for debts incurred by
the Town.
Mayor Koch asked if Attorney Randolph had reviewed this matter and was
advised that he had prepared this resolution as there is a conflict in
the Florida Law with the IRS Rule and this resolution would assure that
the 457 Plan for the Town would not be amended until such time as the
Florida Legislature amends the Florida Law.
Commissioner Armour moved and Commissioner Orthwein seconded that Resolution
#96 -17 be adopted. There was no further comment from the public. Roll
Call: Comm. Orthwein; AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
X. Public.
William Lynch, President of the Place Au Soleil Homeowners Assoc.,
was recognized and stated that he had two items for consideration. He
once again called attention to the unsightly condition of the property
located at 2765 Avenue Au Soleil. He requested that the Town do what is
necessary to improve the appearance and foreclose on the property. The
Town Clerk advised that it had already been foreclosed, or is in the
process, by Wells Fargo Bank in California. She advised that the bank
has now paid the water bills and the water is back on and the pool operating.
Mr. Lynch stated that while the water is on, the sprinklers are not on
and the grass is dying. Mayor Koch stated he knew Mr. Harrington had
been in touch with the bank and they have cooperated in correcting some
of the problems but others have been ignored. Commissioner Armour stated
that he believed there was also a second mortgage on the property. Mayor
Koch observed that any lien that the Town would place would be very far
doom the line and most likely there would be nothing left when the property
was sold.
The second item Mr. Lynch spoke about was the condition of the property
owned by Mary Bordeman, 800 Tangerine Way. He urged that the Town do
what work is necessary to place this property in an acceptable condition
and lien the property. The Town Clerk advised that the Town had already
liened the property for work that was done in the past. Mr. Lynch felt
that other liens could be placed and then collected when it was finally
sold. He also suggested that the Town continue to pursue the matter of
planting a hedge in front of the property, including one driveway access
that is never used. He was advised that Mrs. Bordeman had been contacted
and that she is bitterly opposed to such. The Attorney advised that this
has been reviewed at their office and it was determined that the driveway
cannot be closed off from a legal aspect. The Commissioners did not feel
Regular Meeting & Public Hearing
Town Commission- December 13, 1996 page 7
comfortable with tying up a considerable amount of Town funds in property
maintenance with no time certain for recovering it. Commissioner Armour
offered to once again speak with Mrs. Bordeman and Mr. Lynch advised that
he would be glad to go also if Commissioner Armour so desired.
Commissioner Orthwein reminded that Town Manager Harrington is working on
C1 a maintenance ordinance and housing code and suggested that perhaps that
will help with dome of these problems. Mayor Koch agreed and stated that
this should be moved along in a timely manner.
XI. Adjournment.
Mayor Koch adjourned the meeting at 10:05 A.M. on a motion to do so
made by Commissioner Armour that was seconded by Commissioner Orthwein
with all voting in the affirmative.
Rita L. Taylor, 6own Clerk
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning
Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday,
January 22, 1997, at 8:30 A.M., and the Town Commission will hold a
Public Hearing on Friday, February 14, 1997, at 9:00 A.M., both in the
Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida
at which the following will be considered:
An application submitted by Kimberly Dellastations, AlA, as Agent
for Mr. & Mrs. George Mathews, owners of the property located at
2580 Avenue Au Soleil, legally described as the Easterly 100 ft.
of Lot 30 (less north 11 feet) in Place Au Soleil, for a Special
Exception to permit a 3 foot wide extension of the existing pool/
patio screen enclosure to match the existing non - conforming
east wall line of the dwelling; and a Level 3 Architectural/
Site Plan Review to permit the construction of the same at the
location stated herein.
The Architectural Review and Planning Board shall make a recommendation
to the Town Commission, and the Town Commission shall make a final
decision regarding the subject application at their respective meetings
noticed above. These meetings may be adjourned from time to time and
place to place as may be necessary to hear all parties and evidence.
Complete application materials are on file in the office of the Town Clerk
located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed
during regular business hours which generally include non - holiday weekdays
from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THESE MATTERS may appear before the
Architectural Review and Planning Board and the Town Commission of the
Town of Gulf Stream at the times and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS /MEETINGS, 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. 286.0106, F.S.S.
Dated: January 2, 1997 TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor, To n Clerk