HomeMy Public PortalAbout12/11/2009MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE
OTHE TOWN OF GULF STREAM ON DECEMBER 11, 2009 AT 9:00
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
December 3, 2009
TOWN COMMISSION OF
A.M. IN THE
GULF STREAM,
IV.
Minutes of
the Regular
Meeting of
November 13,
2009.
V.
Additions,
withdrawals,
deferrals,
arrangement
of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. January 8, 2010 @ 9 A.M.
2. February 12, 2010 @ 9 A.M.
3. March 12, 2010 @ 9 A.M.
4. April 10, 2010 @ 9 A.M.
5. May 8, 2010 @ 9 A.M.
VII. PUBLIC HEARING.
A. Application for Development Approval
1. An application submitted by Anthony Mauro, as Agent for
Charles F. Carlino, the owner of property located at
2730 Avenue Au Soleil, Gulf Stream, Florida, which is
legally described as Lot 5, Place Au Soleil Subdivision in
Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
addition of a 430 square foot screened porch to an
existing Polynesian style dwelling, and the
construction of a 2 -story garage & studio consisting
of 997 square feet.
VIII. Reports.
A. Town Manager
B. Architectural Review & Planning Board
1. Meeting Dates
a. December 17, 2009 @ 8:30 A.M.
b. January 28, 2010 @ 8:30 A.M.
c. February 25, 2010 @ 8:30 A.M.
C. Finance Director
1. Financial Report for November 2009
2. Water Usage as of November 30, 2009
D. Police Chief
1. Activity for November 2009
IX. Items for Commission Action.
A. Request for Construction Trailer @ 1255 N. Ocean Blvd. -Mouw
B. ORDINANCE NO. 009/10; An Ordinance Of The Town Commission Of
The Town of Gulf Stream, Palm Beach County, Florida, Amending
Chapter 30 Of The Town Code, Traffic And Vehicles At 30 -1
Relating To Operation Of Golf Carts So As To Provide For
Rules And Regulations Relating To The Operation of Golf Carts
On Town Streets, Providing For Severability; Providing For
Repeal Of Ordinances In Conflict; Providing For Codification;
Providing An Effective Date. (2nd reading & adoption)
C. Items by Mayor & Commissioners
1. Undergrounding of Electric, Cable & Telephone Services -
Commissioner Orthwein
AGENDA CONTINUED
X. Public.
XI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OCOMMISSION 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
O
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON DECEMBER 11, 2009 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. The Pledge of Allegiance was led by the
0 Mayor.
III. Roll Call.
Present and
Participating
Also Present and
Participating
William F1 Koch, Jr.
Joan K. Orthwein
Fred B. Devitt, III
Muriel J. Anderson
Chris D. Wheeler
William H. Thrasher
Rita L. Taylor
Garrett Ward
John Randolph
Charles F. Carlino
Anthony Mauro
Donna White
Robert Ganger
Robert Poirier
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Police Chief
Town Attorney
Applicant
Mauro Brothers LLC
Agent for Applicant
Resident /Place Au Soliel
President /Gulf Stream
Civic Association
Mouw Associates, Inc.
IV. Minutes of the Regular Meeting of November 13, 2009.
Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve
the minutes of the Regular Meeting of November 13, 2009. There was no
discussion. All voted AYE.
V. Additions, withdrawals, de£ex
There were no changes to the agenda.
ement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. January 8, 2010 @ 9 A.M.
2. February 12, 2010 @ 9 A.M.
3. March 12, 2010 @ 9 A.M.
C 4. April 9, 2010 @ 9 A.M.
5. May 14, 2010 @ 9 A.M.
Commissioner Wheeler announced a conflict with January 8th and asked if
the meeting could be rescheduled for the following Friday or for
Thursday, January 7th. There were no objections. The January meeting
was rescheduled for Thursday, January 7, 2009 at 9:00 A.M.
Clerk Taylor asked if there were ex -parte communications concerning the
matter for Public Hearing. Commissioner Anderson said she spoke with
Donna White and Diane Mulvey, residents of Place Au Soleil, concerning
the matter. Mayor Koch said Mr. Carlino wrote to him requesting a
meeting, they met and the matter of personnel conduct was discussed.
Regular Meeting and Public Hearing
Town Commission - December 11, 2009 Page 2
Mr. Randolph asked Commissioner Anderson to state the general nature of
her discussions with Mrs. White and Mrs. Mulvey. Commissioner Anderson
said she and Mrs. White discussed Mr. Carlino's application, she and
Mrs. Mulvey discussed Mr. Carlino's application and Mrs. Mulvey inquired
about another ARPB matter. Mr. Randolph asked if the parties spoke for
or against Mr. Carlino's application. Commissioner Anderson said they
spoke against it. Mr. Randolph said that when asked about ex -parte
G communication, both the name of the party and the general nature of the
conversation should be stated.
Clerk Taylor administered the oath to Charles Carlino, Petitioner;
Anthony Mauro of Mauro Brothers, Agent for Petitioner; Donna White,
Petitioner's neighbor and Robert Poirier of Mouw Associates, Inc.
VII. PUBLIC HEARING.
A. Application for Development Approval
1. An application submitted by Anthony Mauro, as Agent for
Charles F. Carlino, the owner of property located at
2730 Avenue Au Soleil, Gulf Stream, Florida, which is
legally described as Lot 5, Place Au Soleil Subdivision in
Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
addition of a 430 square foot screened porch to an
existing Polynesian style dwelling, and the
construction of a 2 -story garage & studio consisting
of 997 square feet.
Mr. Mauro introduced himself and explained that Mr. Carlino has owned
his home for two years and has already made several improvements, making
every effort to keep with the original architectural design. He said
that Mr. Carlino would like to make better use of his property and would
like to construct a two -story garage /studio structure.
Mrs. White stated that she owns Lot 4 which borders Mr. Carlino's
property to the north, and believes the proposed two -story structure
will tower over her property and the windows of the second story would
be an intrusion of privacy on her outdoor space and certain open indoor
living space. She said the open design of the back of her home is an
essential feature where most of her daily living takes place and that
her initial concern is for her privacy and enjoyment. Mrs. White
referred to Code Section 66 -144, Standards, Subsection (12), paragraph
0 (a) Protection of residential privacy and paragraph (c) Protection of
use and enjoyment.
Commissioner Devitt asked Mr. Thrasher for a history of the application
and to explain why the ARPB recommended denial. Mr. Thrasher said the
ARPB referred to Code Section 70 -107, Additions and Rehabilitations, and
felt that the design was not characteristic of the neighborhood or the
district and, in addition, there was a mass issue with the detached two -
story garage /studio structure being that it is inconsistent with the
existing style, mass of adjacent homes and a streetscape. Commissioner
Wheeler asked for photographs of adjacent homes which would provide the
architectural massing and scale relative to the adjacent structures and
Regular Meeting and Public Hearing
Town Commission - December 11, 2009 Page 3
styles, but none were provided by the Applicant. Mr. Thrasher said that
there is a document included in the Application Packet which states that
a project could be deferred or denied if a streetscape is not provided
and the Applicant did not provide a streetscape, but he reported that
after a drive -by /walk- through of the area, he determined that this type
of structure would be unique to the neighborhood.
C Mayor Koch said that Mr. Carlino's home was designed by a famous Chicagc
architect and was the first built in Place Au Soleil by the developer,
Robert Reed, and, at that time, there were no ordinances dictating
style. Commissioner Wheeler asked Mr. Thrasher what the adjacent
structures looked like and Mr. Thrasher said they are single -story and
the architecture is mixed, but other two -story structures exist in the
district. Commissioner Anderson said she is familiar with the lot and
the neighbors and believes that the direct view from the proposed second
story windows would be looking down on three other houses. She said
that in her opinion the structure is massive and overpowers the small
space, and feels that the landscape drawings do not represent reality.
Commissioner Anderson referred to Dr. Lichtenstein's letter which
includes several objections and recommendations. She said she attempted
to reach Mr. Carlino's neighbors, the Earnharts, but they were not
available. Commissioners Devitt and Wheeler commented on Dr.
Lichtenstein's reference to a 3 -story structure in his letter. Clerk
Taylor read Dr. Lichtenstein's letter into the record. Commissioner
Devitt mentioned the report by JC Design & Associates and Mr. Thrasher
explained that it refers to certain sections of the Code and includes
recommended changes, which were made by the Applicant. Mr. Thrasher
pointed out paragraph 2 of Article I of the report, which refers to
Section 70 -97, Architectural Style (2) Discouraged, where Mr. Carleen
states that there are no other two -story detached garages present, that
the proposed two -story garage is unique to the neighborhood and that a
one -story garage addition would be more appropriate in keeping with the
character of the existing house and of the community.
Mayor Koch asked Mr. Thrasher what his recommendation was. Mr. Thrasher
said he recommended approval. Commissioner Devitt pointed out that
there are no prohibited items. Commissioner Anderson said that what
matters is whether it fits in with the neighborhood. Mr. Thrasher said
some members of the ARPB felt the two -story garage was inconsistent with
the Polynesian style of the home and with the district. He said the
C, ARPB referenced Section 70 -107 in their motion to deny, he read Section
70 -107, Additions and rehabilitations, and replacement of existing
features, (a) Generally and (b) Required, paragraphs (1), (2) and (3)
into the record and stated that the ARPB vote was 3 - 2 to deny.
Mr. Mauro said they have worked on this project for months, they met
with Mr. Thrasher and the Town's Architect, the recommended changes have
been made and all of the requirements have been met. He stated that
there were members on the ARPB that liked the design, but Mrs. White was
concerned with the view from the proposed second story windows. Mr.
Mauro stated that they set up scaffolding to the height of the proposed
windows and took photos from that view and could not see into Mrs.
Regular Meeting and Public Hearing
Town Commission - December 11, 2009 Page 4
White's yard or home, but they had previously agreed to make the windows
faux and add more foliage to insure Mrs. White's privacy. Mr. Mauro
said that all neighbors were notified of the project prior to the first
ARPB meeting and no one objected, and then prior to the second ARPB
meeting, the Town received Dr. Lichtenstein's letter wherein he objects
to a "three- story" structure, which makes him believe that Dr.
Lichtenstein is confused. He said that he and Mr. Carlino would
Oappreciate a positive vote on this project.
Commissioner Anderson asked if Mr. Carlino is currently living in the
home and Mr. Mauro said he is not. Commissioner Wheeler asked if the
trees along the side already exist and Mr. Mauro said they will be added
and they would include additional trees if necessary. Responding to
Commissioner Anderson's comment concerning the landscape drawings, Mr.
Mauro said that they are exactly to scale. Commissioner Devitt asked if
Mr. Carlino's one -story home was demolished, could a two -story be built
in its place and as close to the property line as the proposed
structure. Mr. Thrasher said yes. To clarify Mr. Mauro's statement
that her main concern was her privacy, Mrs. White said that as a member
of the Board she also expressed concern over the mass of the structure
and it's inconsistency with the neighborhood. Commissioner Wheeler said
that clustering palms would be appropriate to block the structure and
thought that clusters of Fishtail Palms would block more than the
typical Areca Palm, since they grow denser than ficus.
Commissioner Devitt said he would have preferred to see photos putting
the neighborhood in context. Mr. Randolph said the Commission could
defer and request additional documentation. Commissioner Wheeler
suggested deferring for one month to drive by the area and ask the
architect to provide context, such as photos of adjacent structures and
a drawing to scale of the proposed structure facing different directions
showing mass compared to adjacent structures. Mayor Koch stated that
the Applicant would also be required to submit a modified landscape
plan. Commissioner Wheeler said that when height is an issue, they
generally ask for context of adjacent structures for the record.
Commissioner Wheeler moved and Commissioner Anderson seconded to defer
the matter to the next meeting, requiring the Applicant to supply
context of height and scale of adjacent buildings and to submit a
modified landscape plan to include the addition of the Fishtail Palms
along the sideline. There was no further discussion. All voted AYE.
OVIII. Reports.
A. Town Manager
There was no report.
B. Architectural Review & Planning Board
1. Meeting Dates
a. December 17, 2009 @ 8:30 A.M
b. January 28, 2010 @ 8:30 A.M.
c. February 25, 2010 @ 8:30 A.M.
There was no discussion concerning the ARPB Meeting Schedule.
C. Finance Director
1. Financial Report for November 2009
Regular Meeting and Public Hearing
Town Commission - December 11, 2009 Page 5
Town Manager Thrasher requested that the Financial Report be approved az
submitted. Mayor Koch asked about the $50,000 payment on Page 4 for
Dispatch. Mr. Thrasher said it is the annual fee for the Town's
dispatch contract with Delray, it is a budget line item and was
previously approved to be paid in one lump sum. He said Delray reviews
the frequency of calls every 3 to 5 years and the fee could increase up
to 3% upon review. Mayor Koch said he is interested in call time,
response time and from what station equipment is dispatched. Mr.
G Thrasher said that this is an Annual Report which Delray consistently
provides to the Town, but Delray also provides monthly reports which
answer those questions and are available for review. Mayor Koch said
the equipment comes from different stations. Chief Ward said there is a
maximum 7- minute response time window and there have been no reports of
delay in response time from any of the stations. Mayor Koch said there
was a transport unit at Station 2 and the response time was shorter, but
that has been removed. Mr. Thrasher said he received an email from Mr.
Hardin informing the Town that the transport unit never left Station 2,
but they did not have enough money for manpower to operate it, and now
there is full transport coverage Monday through Friday from Station 2.
Chief Ward said responders from other stations are equally as qualified
and the response time is good. Mayor Koch said he wants to ensure that
the Town is getting what they are paying for. Commissioner Wheeler
asked how much Ocean Ridge Dispatch would charge. Clerk Taylor said
they have a wonderful dispatch center, which she helped set up many
years ago and they might be interested, but it could present a problem
in that the Town's Fire Contract is with Delray. Commissioner Devitt
moved and Vice -Mayor Orthwein seconded to approve the Financial Report
for November, 2009 as submitted. There was no further discussion. All
voted AYE.
2. Water Usage as of November 30, 2009
There was no discussion concerning the Water Usage Report.
D. Police Chief
1. Activity for November 2009
Chief Ward reported one Grand Theft involving two kayaks which were
stolen from a construction site on the ocean side of North Ocean Blvd.
The property owner reported them missing in November, but they have not
been seen since July or August. He said many people have been in and
out of the construction site and it is considered a total loss.
IX. Items for Commission Action.
O A. Request for Construction Trailer @ 1255 N. Ocean Blvd.- Mouw
Commissioner Wheeler said that it appears to be up by the road, but
there is probably no other option. Commissioner Wheeler moved and Vice -
Mayor Orthwein seconded to approve Mouw Associates' request for a
construction trailer at 1255 N. Ocean Blvd. There was no further
discussion. All voted AYE.
B. ORDINANCE NO. 009/10; An Ordinance Of The Town Commission Of
The Town of Gulf Stream, Palm Beach County, Florida, Amending
Chapter 30 Of The Town Code, Traffic And Vehicles At 30 -1
Relating To Operation Of Golf Carts So As To Provide For
Rules And Regulations Relating To The Operation of Golf Carts
Regular Meeting and Public Hearing
Town Commission - December 11, 2009 Page 6
On Town Streets, Providing For Severability; Providing For
Repeal Of Ordinances In Conflict; Providing For Codification;
Providing An Effective Date. (2nd reading & adoption)
Clerk Taylor read the Ordinance by title. Mayor Koch asked if there
were any changes. Chief Ward briefly summarized a report concerning two
studies conducted by the American Journal of Preventive Medicine and the
Consumer Products Safety Commission relating to the explosion of
injuries related to golf cart accidents. He quoted from the study
G
conducted by the Consumer Products Safety Commission which states that
"there are approximately 10,000 golf cart related injuries requiring
emergency room treatment in the US each year and more than 15% of the
accidents occur on public streets." Chief Ward quoted from the study
conducted by the American Journal of Preventive Medicine which states
that "researchers suggest children under the age of 16 not be permitted
to drive golf carts and children 6 years or younger should not be
permitted in golf carts at all. In addition, they recommend private and
public facilities where golf carts are allowed should require driver's
licenses and safety operations training." Chief Ward noted that their
recommendations were elements of drafts of the ordinance and were
eliminated. Commissioner Wheeler moved and Commissioner Devitt seconded
to approve Ordinance No. 009/10 passed on second reading this 11th day of
December, 2009. There was no further discussion. All voted AYE.
C. Items by Mayor & Commissioners
1. Undergrounding of Electric, Cable & Telephone Services -
Commissioner Orthwein
Vice - Chairman Orthwein said she would like closure on this matter or
would like the Commissioner to make a decision to move forward. Mayor
Koch would like the Town to look into it and he has discussed the matter
with Mr. Thrasher. Mr. Thrasher said the Civic Association has stated
that they will financially participate in a study and FPL had previously
given the Town a rough estimate. Vice -Mayor Orthwein would like to know
the cost of a study. Commissioner Wheeler asked what FPL's estimate
was. Mr. Thrasher said it was $3 million for just AlA. Commissioner
Devitt asked if equipment would be under road rights -of -way as opposed
to private easements. Mr. Thrasher said those are issues the Town would
have to argue with FPL, but FPL just filed a mitigation agreement which
references a municipality's ability to place equipment in the right -of-
way. He said the Town does not have right -of -way, it would be the DOT,
but the information indicates that the DOT would allow the Town to place
equipment in the right -of -way, a certain distance back from the road.
O Mr. Thrasher said the consultant that worked with Jupiter Island and
Jupiter Inlet Colony is very knowledgeable and capable of looking at the
feasibility of this type of project with the prospective of saving
money. Mayor Koch recommended that Mr. Thrasher and the Civic
Association find out what the study will cost and how much money each
organization will contribute. Commissioner Wheeler said the Town should
hire a consultant to do a study only if the cost estimate is an amount
the Town would consider, otherwise a study would be a waste of money.
Mr. Randolph said that Jupiter Island in its entirety cost $8 million.
Mr. Ganger said the estimate he had for the entire Town of Gulf Stream
is $3.5 million, but Jupiter Inlet Colony, whose cost is now under $2
million, would be a better template. He said that if you estimate by
N
Regular Meeting and Public Hearing
Town Commission - December 11, 2009 Page 7
pole miles, number of connections and number of houses, the Town's
estimate would be approximately $3.5 million. Commissioner Wheeler
asked what the amortization period would be if the Town financed this
project with a tax exempt Municipal Bond Issue. Mr. Ganger said it
would be over a period of 20 to 30 years. Commissioner Wheeler said
that $3.5 million is an amount he is comfortable with and would be in
favor of hiring a consultant to do a study. Mr. Ganger said the cost of
a study could be upwards of $40,000 and the Civic Association has stated
on record that they would contribute one -half of a $25,000 study. He
said the Civic Association would like to assist Mr. Thrasher to ensure
that all pertinent questions are asked and answered. Vice -Mayor
Orthwein made a motion to authorize the Town Manager and the Civic
Association to find out the cost of a study and how much money the Town
and the Civic Association will contribute. Commissioner Wheeler
recommended amending the motion to add that, if the cost of the study is
$25,000 or less, it will not require further Board approval. Vice -Mayor
Orthwein moved and Commissioner Wheeler seconded to authorize the Town
Manager and the Civic Association to obtain the cost of a consultant
study and if the cost is $25,000 or less it will not require further
Board approval. There was no further discussion. All voted AYE.
X. Public. No public items.
XI. Adjournment. Commissioner
seconded to adjourn the meeting.
approximately 10:00 A.M.
Gail C. Abbale
Administrative Assistant
Anderson moved and Commissioner Devitt
The meeting was adjourned at