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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