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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