HomeMy Public PortalAbout12/12/1997MAYOR:
VICE MAYOR:
COMMISSIONER:
William F. Koch, Jr.
Joan K. Orthwein
James E. Cross
Robert W. Hopkins II
William A. Lynch
December 5, 1997
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 12, 1997 AT 9:00 A.M., IN
THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of November 14, 1997.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. January 9, 1998 at 9:00 A.M.
2. February 13, 1998 at 9:00 A.M.
3. March 13, 1998 at 9:00 A.M.
4. April 10, 1998 at 9:00 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by H. Frank Lahage & Associates,
Inc., as agent for Mr. & Mrs. Paul Malnove, the owners of
the property located at 1555 N. Ocean Blvd., Gulf Stream,
Florida, which is legally described in metes and bounds
in Section 10, Township 46 South, Range 43 East.
a. SPECIAL EXCEPTION -To exceed maximum permissible FAR by
296 square feet of roof projections.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
addition of two breezeways, roofed and unenclosed, to
the dwelling under construction at the location stated
herein.
VIII. Reports.
A. Town Manager
1. Yake Property (Delray Beach) Update
2. Property Maintenance Ordinance Research
B. Town Attorney
1. Response from Attorney General's Office
C. Architectural Review & Planning Board
1. Meeting Dates
a. January 28, 1998 at 8:30 A.M.
b. February 25, 1998 at 8:30 A.M.
c. March 25, 1998 at 8:30 A.M.
AGENDA CONTINUED
D. Finance Director
1. Financial Report for November 1997
2. Bi- monthly water consumption
E. Police Chief
1. Activity for November 1997
IX. Items for Commission Action.
A. Presentation of the Audit for Fiscal Year 1996 -1997
B. P.B. County Law Enforcement Agencies Combined Mutual Aid
Agreement.
C. Items by Mayor and Commissioners.
X. Correspondence.
A. Letter offering property for sale- Seaside Sanctuary
B. Resolutions from the City of Palm Beach Gardens
1. #133, 1997 supporting P.B. County Municipal League in its
recommendation for an amendment to the proposed changes by
the P.B. County Dept. of Environmental Resources Mgmt. to
Section 9.4., Wetlands Protection, of the Unified Land
Development Code of Palm Beach County.
2. #134, 1997 providing for recommendations to the State
Legislature for modification to House Bill 2121
XI. Public.
XII. 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. F.S.S. 286.0105
MINUTES OF REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 12, 1997 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. and announced that Commissioner Hopkins is participating via
speaker phone.
II. Pledge of Allegiance. Mayor Koch led the Pledge of Allegiance.
III. Roll Call.
Present and /or William F. Koch, Jr
Participating: Joan K. Orthwein
Robert W. Hopkins
William A. Lynch
Absent with
Notice: James E. Cross
Also Present and Kristin K. Garrison
Participating: John Randolph
Rita Taylor
William Thrasher
Robert Schultz
Paul Bremer
H. Frank Lahage
John Conley
John Lang
Robert Eisen
Dorothy Litersky
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
Ernst & Young
Agent for Malnove
Architect for Malnove
Landscape Architect
Attorney for Malnove
Seaside Sanctuary
IV. Minutes of the Regular Meeting of November 14. 1997, Commis-
sioner Lynch 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 to move Item IX.A., Presentation of the
Audit, to be heard as the next item, add Item X.C., Constitutional
Revision Resolution from the Florida Municipal League, and Item X.D.,
Resignation of Commissioner Cross. There were no objections.
IX.A. Presentation of Audit or 1996-1997 h a d out of order. Mr.
Paul Bremer of Ernst & Young was recognized. Mr. Bremer reported
that the audit went very well as planned and that there was a surplus in
both the budgeted revenue and the budgeted expenditures. He further
reported that no significant adjustments were necessary, and stated that
the audit indicates there is good fiscal management.
Regular Meeting & Public Hearing
Town Commission - December 12, 1997
Mayor Koch complimented Mr. Thrasher on a job well done as Finance
Director.
Commissioner Orthwein moved and Commissioner Lynch
Audit Report for 1996 -1997 be approved as presented
Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE
AYE.
VI. Annou
A. Re
1.
2.
3.
4.
.cements.
gular Meetings and Public Hearings
January 9, 1998 at 9:00 A.M.
February 13, 1998 at 9:00 A.M.
March 13, 1998 at 9:00 A.M.
April 10, 1998 at 9:00 A.M.
page 2
seconded that the
Roll Call: Comm
and Mayor Koch;
These dates were confirmed by the Commissioners after being announced by
Mayor Koch.
VII. PUBLIC HEARING.
The following persons indicated they would be speaking during the
Public Hearing and received the Oath from the Town Clerk: John Lang,
John Conley, Frank Lahage and Robert Eisen.
The Commissioners disclosed that they had not visited the site and have
had no ex -parte communications.
A. Applications for Development Approval
1. An application submitted by H. Frank Lahage & Associates,
Inc., as agent for Mr. & Mrs. Paul Malnove, the owners of
the property located at 1555 N. Ocean Blvd., Gulf Stream,
Florida, which is legally described in metes and bounds
in Section 10, Township 46 South, Range 43 East.
a. SPECIAL EXCEPTION -To exceed maximum permissible FAR by
296 square feet of roof projections.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
addition of two breezeways, roofed and unenclosed, to
the dwelling under construction at the location stated
herein.
Attorney Eisen displayed elevations showing the trellis covering the
walkways from the house to the cabana and between the two garages as was
originally approved at the original submission of the project, and
elevations showing these same walkways with a barrel tile roof covering.
He advised that the owners had come to realize there would be no
protection from the rain with just a trellis and are requesting that
they be permitted to cover these areas with a barrel tile roof to match
the house. Mr. Eisen reported that at the hearing before the ARPB, Mr.
Regular Meeting & Public Hearing
Town Commission- December 12, 1997
page 3
Lahage, the Agent for Mr. & Mrs. Malnove, had offered to replace the
rope columns on the front elevation of the house with plain columns,
eliminate the quatrefoil decorative tile work on the North West corner
of the front elevation, and eliminate the decorative pineapples at the
corners of the balcony railings. In addition, he had offered to leave
the trellis from the house to the cabana and totally screen the roofed
walkway between the garages from the adjacent property to the north.
Attorney Eisen advised that Mr. Lahage had spoken to the Town Manager
and the property owners to the north and a proposed agreement had been
reached with regard to conditions of approval. He read the conditions
as follows: 1) Prior to the issuance of a certificate of occupancy, the
property owner shall plant and permanently maintain a continuous,
intense, mature vegetative screen along the North property line such
that the view of the home and roofline is obscured, to the maximum
extent possible, from the property immediately to the North. The
landscaping will be subject to inspection and approval by the Town
Manager prior to the issuance of a certificate of occupancy. After
issuance of a C.O., the vegetative screen shall be well maintained on an
ongoing basis, and any dying or diseased materials shall be immediately
replaced. 2) The breezeway connecting the two garages shall be
completely screened from street view. 3) The breezeway connecting the
cabana to the primary residence shall be designed to provide the
appearance of a trellis as shown on the original approved plans. The
only alteration will be the addition of a solid wood covering on the
underside of the crossmembers to provide protection from the weather.
The added wood covering shall not add to the mass of the appearance of
the originally approved trellis when viewed from either side. 4) The
decorative architectural features shown on the original approval that
shall be eliminated or replaced are; all rope columns will be replaced
with plain columns; quatrefoil decorative tile work on North West corner
will be removed; decorative pineapples at corners of balcony railings
will be eliminated. 5) Prior to issuance of a certificate of occupancy,
the applicant shall record a deed restriction that prohibits the future
enclosure of any portion of the 833 square feet of covered, unenclosed
area or the increasing of the gross floor area beyond 10,527 square
feet. Mr. Eisen then displayed the front elevation of the house as it
would appear with the aforementioned proposed conditions. He stated
that they will work with Mr. & Mrs. McGraw to make sure the property is
screened to their satisfaction. He then introduced John Lang, Landscape
Architect for the Malnove project.
Mr. Lang advised that there had been a question from a member of the
ARPB as to whether 15 feet, the amount of side setback on the North,
would be sufficient to plant and maintain the amount of vegetative
Regular Meeting & Public Hearing
Town Commission - December 12, 1997
page 4
screening material that will be necessary. He stated that 15' is
adequate, adding that he has accomplished this in 101.
Attorney Eisen, recognizing that Mr. Lahage had agreed at the ARPB
meeting to leave the trellis between the house and cabana as it was
Coriginally approved, asked once again on behalf of Mr. & Mrs. Malnove to
be permitted to replace the trellis with a barrel tile roof covering to
match the house.
Town Manager Garrison advised that the original application for the
project was heard by the ARPB on September 25, 1996 and by the Town
Commission on October 18, 1996, and was found minimally consistent with
the Manual. There were concerns over the complexity of the elevations,
including pop -out windows, number of eave lines, number of ornamental
details, variety in trim detail as well as concerns about the size of
the home. She further advised that the property consists of nine tenths
of an acre and has been developed just 1 foot shy of the maximum
permitted FAR. The Town Manager explained the meaning of a Special
Exception and related the Review Standards. Mrs. Garrison then reported
that the ARPB had three main concerns regarding this request; the
complexity of the structures, that breezeways would add to the mass of
the structure, and the impact on the property to the North. She advised
that Mr. & Mrs. McGraw are in agreement with the conditions previously
stated and that they had no strong feelings about the roof over the
walkway between the house and cabana as long as it was adequately
screened. Town Manager Garrison recommended that the trellis remain
over the walkway from the house to the cabana as she felt it did add
mass to the structure.
Commissioner Lynch questioned how the property to the South would be
impacted, to which Architect Lang replied that he is also the Landscape
Architect for Mr. & Mrs. Grissom, owners of the property under
development to the South, and they have had no comment regarding the
proposed Special Exception.
Commissioner Hopkins asked if the application could be returned to the
ARPB for additional review and was advised that this would be an option
that would result in a two month delay.
Regular Meeting & Public Hearing
Town Commission - December 12, 1997
page 5
Attorney Randolph reminded that the conditions should be recorded deed
restrictions and should include that the vegetative screen shall be
maintained on an ongoing basis, and any dying or diseased materials
shall be immediately replaced.
Attorney Eisen, on behalf of Mr. & Mrs. Malnove, offered to landscape
the South side of the property to equal the amount of screening on the
North side if approval were to be given to construct a barrel tile roof
over the walkway between the house and the cabana.
Commissioner Lynch was opposed to the change as it would add to the mass
of the structure.
Commissioner Orthwein agreed with Commissioner Lynch, adding that the
trellis -type designs give a more open appearance.
Commissioner Lynch moved to approve a Special Exception to exceed the
allowable FAR by 296 square feet of roof projection to permit a
breezeway addition with a barrel tile roof to match the house connecting
the two garages, based on the plans and documents submitted by the
applicant, and that the breezeway between the house and cabana be
covered in a trellis -type design,.and a finding that the addition meets
all applicable specific and general Special Exception review standards
with the following conditions:
1. Prior to issuance of a certificate of occupancy, the
applicant shall record a deed restriction that:
A. Requires, prior to the issuance of a certificate of
occupancy, that the property owner shall plant and perm -
antly maintain a continuous, intense, mature vegetative
screen along the North property line such that the view
of the home and roofline is obscured, to the maximum
extent possible, from the property immediately to the
North. The landscaping will be subject to inspection and
approval by the Town Manager prior to the issuance of a
certificate of occupancy. After issuance of a C.O., the
vegetative screen shall be well maintained on an ongoing
basis, and any dying or diseased materials shall be
immediately replaced.
B. Prohibits the future enclosure of any portion of the 833
square feet of covered, unenclosed area or the increasing
of the gross floor area beyond 10,527 square feet.
2. The breezeway connecting the two garages shall be completely
screened from street view.
3. The breezeway connecting the cabana to the primary residence
shall be designed to provide the appearance of a trellis as
Regular Meeting & Public Hearing
Town Commission - December 12, 1997
page 6
shown on the original approved plans. The only alteration
will be the addition of a solid wood covering on the under-
side of the crossmembers to provide protection from the
weather. The added wood covering shall not add to the mass
O of the appearance of the originally approved trellis when
viewed from either side.
4. The following decorative architectural features shown on the
original approval shall be eliminated or replaced:
A. All rope columns will be replaced with plain columns
B. Quatrefoil decorative tile work on North West corner will
be removed
C. Decorative pineapples at corners of balcony railings will
be eliminated.
The motion was seconded by Commissioner Orthwein. Roll Call: Comm.
Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch;
AYE.
Commissioner Lynch next moved to approve a Level 3 Architectural /Site
Plan Review for the breezeway addition granted by Special Exception
based on the plans and documents submitted by the applicant and a
finding that the addition meets the criteria necessary to exceed the
maximum Sliding Scale Floor Area Ratio and therefore meets the
requirements of the Design Manual with the same conditions that were a
part of the granting of the Special Exception. Commissioner Orthwein
seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; Aye,
Commissioner Hopkins; AYE, and Mayor Koch; AYE.
VIII.
A. Town Manager
1. Yake Property (Delray Beach) Update
Town Manager Garrison reported that the Yake property rezoning has been
postponed to January, with the possibility that the application may
ultimately be withdrawn. She further reported that the developer is
apparently in the process of redesigning the site plan to comply with
permitting requirements of the Water Management District, which is
expected to result in a reduction in the total number of housing units
and may negate the need for rezoning.
2. Property Maintenance Ordinance Research
The Town Manager called attention to a chart summarizing the findings in
regard to Property Maintenance Ordinances in other municipalities. She
advised that she contacted nine other Jurisdictions to inquire about
what, if any, regulations they enforce to ensure proper upkeep of single
family homes and found that 5 municipalities have some form of
regulations beyond the "standard housing code ", and those that enforce
Regular Meeting & Public Hearing
Town Commission - December 12, 1997
page 7
aesthetic maintenance regulations also have established a special master
system of enforcement.
When asked what recourse the Town would have if the property owner
Cfailed to correct the violations and /or pay the penalties, Attorney
Randolph stated that a lien would be placed on the property, but added
that if the property was a homestead, a lien could not be placed against
it.
The Commission thanked the Town Manager and Town Attorney for the
information and asked that the material be filed until further notice.
B. Town Attorney
1. Response from Attorney General's Office
Attorney Randolph pointed out that the opinion on the matter of
telephonic participation by Commissioners at Town Meetings is an
informal opinion which indicates that this type of participation would
be acceptable when a quorum is present but stopped short of approving
telephonic participation in order to achieve a quorum. Attorney
Randolph recommended that the Commission continue to function by
requiring the physical presence of Commissioners specifically where
needed to obtain a quorum.
C. Architectural Review & Planning Board
1. Meeting Dates
a. January 28, 1998 at 8:30 A.M.
b. February 25, 1998 at 6:30 A.M.
c. March 25, 1998 at 8:30 A.M.
Mayor Koch announced these dates and the Town Manager advised that the
ARPB would not be meeting in December as there are no applications to be
heard.
D. Finance Director
1. Financial Report for November 1997
William Thrasher, Finance Director, began his report by advising that
the Revenue Bond has been paid off. Turning to the Cash Balance Report
as of November 30, 1997, Mr. Thrasher reported the cash balance at the
beginning of November was $16,558 and at the end of November, $32,932,
with total revenues received in November being $207,225, bringing the
total of Invested Funds for the General Fund to $393,575, and for the
Water Fund, $101,632.
Turning to the Budget Report for the General Fund, Mr. Thrasher reported
revenue collected in the amount of $191,211, of which $176,332 was from
property tax revenue, and expenditures made in the amount of $87,393.
Regular Meeting & Public Hearing
Town Commission - December 12, 1997 page 8
With regard to the Water Fund Budget Report, Mr. Thrasher stated that
revenues had been collected in the amount of $87,574 with $1,782 being
expended.
Commissioner Lynch moved and Commissioner Orthwein seconded the motion
to approve the Financial Report for November as presented. Roll Call:
Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor
Koch; AYE.
2. Bi- monthly water consumption
The Bi- monthly Water Consumption Report was noted and directed by the
Commission to be filed.
E. Police Chief
1. Activity for November 1997
Chief Schultz presented the Department's activity report for November
1997, and then reported that he had attended Firearms Training in Coral
Gables that was sponsored by the FBI, and that Officer Sindone had
attended an intelligence meeting at the Palm Beach County Sheriff's
Office in regard to burglars.
IX. Items for Commission Action.
A. Presentation of the Audit for Fiscal Year 1996 -1997
This item was heard at the beginning of the meeting.
B. P.B. County Law Enforcement Agencies Combined Mutual Aid
Agreement.
Chief Schultz explained that this is a renewal of a previous agreement
that had been entered into by most of the agencies in
Palm Beach County several years ago. He advised that there is only one
change, the addition of a paragraph that states if a sworn law
enforcement officer be in another subscribed agency's jurisdiction and
violation of Florida Statutes occurs, which is a crime of violence, in
the presence of the officer, he /she shall be empowered to exercise
authority as a law enforcement officer as if the officer was in his /her
own jurisdiction. Commissioner Lynch moved and Commissioner Orthwein
seconded that the Town of Gulf Stream enter into the Palm Beach County
Law Enforcement Agencies Combined Operational Assistance and Voluntary
Cooperation Mutual Aid Agreement and that the Mayor, Town Manager, Chief
of Police and Town Clerk be authorized to execute the agreement. Roll
Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and
Mayor Koch; AYE.
C. Items by Mayor and Commissioners.
There were no items from the Mayor or the Commissioners.
X. Correspondence.
A. Letter offering property for sale- Seaside Sanctuary
Regular Meeting & Public Hearing
Town Commission - December 12, 1997 page 9
Dorothy Litersky, owner of this property, was present. Mayor Koch
explained to her that the property is located in an unincorporated area
of Palm Beach County and if she is asking that the property be annexed
to the Town of Gulf Stream, this is not possible since it is not
adjacent to the Town. The Commission advised Mrs. Litersky if she is
Cj asking the Town to consider purchasing the property, the Town is not in
a financial position to do so and would have no need for the property,
especially with it being located outside of the Town of Gulf Stream.
B. Resolutions from the City of Palm Beach Gardens
1. #133, 1997 supporting P.B. County Municipal League in its
recommendation for an amendment to the proposed changes by
the P.B. County Dept. of Environmental Resources Mgmt. to
Section 9.4., Wetlands Protection, of the Unified Land
Development Code of Palm Beach County.
2. #134, 1997 providing for recommendations to the State
Legislature for modification to House Bill 2121
These Resolutions were made a part of the record.
C. Constitutional Revision Resolution- Florida League of Cities.
The Town Clerk advised that the Florida League of Cities has established
policy positions concerning the revisions to the Florida Constitution
that could have an unfavorable impact on local government and are asking
that municipalities adopt resolutions in support of their positions.
She called attention to copies of the League Resolution detailing these
policy positions and advised that she has prepared a Resolution of
support if the Commission cares to review it.
At the direction of Mayor Koch, the Town Clerk read Resolution #97 -11 by
title; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
FLORIDA SUPPORTING THE FLORIDA LEAGUE OF CITIES, INC.'S, CONSTITUTION
REVISION RESOLUTION. Commissioner Orthwein moved and Commissioner
Hopkins seconded that Resolution #97 -11 be adopted. Roll Call: Comm.
Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch;
AYE.
D. Resignation of Commissioner Cross.
A letter of resignation addressed to the Town Commission and signed by
Rosalind Cross Dujardin, Attorney In Fact for James Eliot Cross, was
read in its entirety by the Town Clerk. The letter explained that
Commissioner Cross has recently been of ill health and it is not the
expectation of his children that he could resume his duties on the
Commission in the foreseeable future. Consequently, in order to make it
easier to obtain a quorum for Commission meetings and conduct the
business of governing the Town he loves more expeditiously, the children
tendered their father's resignation effective this date.
Regular Meeting & Public Hearing
Town Commission- December 12, 1997 page 10
Commissioner Orthwein, noting the exceptional service he has given the
Town since 1986, moved to accept the Resignation of Commissioner Cross
with deep regret and the motion was seconded by Commissioner Lynch, also
with deep regret. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE,
Comm. Hopkins; AYE, and Mayor Koch; AYE. The Commissioners then asked
C) Commissioner Orthwein to plan a future ceremony of appreciation for the
service Commissioner Cross has given the Town.
Mayor Koch then asked if there were any nominations to fill the vacancy
just created. Commissioner Orthwein nominated Fred Devitt III, who is
presently serving as Vice Chairman on the ARPB. Mayor Koch advised that
former Commissioner True had offered to fill any vacancy until the next
election. Commissioner Lynch then nominated A. Curtis True, M.D.
Commissioner Orthwein reminded that at the time of a previous opening on
the Commission, letters of interest in the office were requested and
several were received, one of which was from Mr. Devitt. She believed
this should be considered, noting that Mr. Devitt is a year around
resident and that he would be representing the younger residents in the
Town which is important in order to maintain a balance on the
Commission. Commissioner Hopkins felt Commissioner Orthwein had made a
valid point and added that Mr. Devitt is a year around resident and
would bring to the Commission his experience from serving on the ARPB
and having served on the committee that was involved with the
preparation of the Design Manual. In view of this, Commissioner Lynch
withdrew his nomination. Commissioner Hopkins moved that the
nominations be closed and that one unanimous ballot be cast for Fred
Devitt II. The motion was seconded by Commissioner Lynch. Roll Call:
Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor
Koch; AYE. Mayor Koch stated he was very comfortable with this choice
as Mr. Devitt had done a good job on the ARPB.
XI. Public. There was no comment from the public.
XII. Adjournment. Mayor Koch adjourned the meeting at approximately
10:30 A.M. on a motion to do so made by Commissioner Orthwein
that was seconded by Commissioner Lynch with all voting in the
affirmative.
&I, °
Rita L. Taylor, t6wn Clerk