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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