HomeMy Public PortalAbout01/07/2010December 30, 2009
MAYOR: 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 TOWN COMMISSION OF
OTHE TOWN OF GULF STREAM ON THURSDAY, JANUARY 7, 2010 AT 9:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of 12- 11 -09.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. February 12, 2010 @ 9 A.M.
2. March 12, 2010 @ 9 A.M.
3. April 9, 2010 @ 9 A.M.
4. May 14, 2010 @ 9 A.M.
5. June 11, 2010 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. CONTINUED FROM HEARING ON DECEMBER 11, 2009
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
1. Overhead Utilities Undergrounding Update
B. Architectural Review & Planning Board
1. Meeting Dates
a. January 28, 2010 @ 8:30 A.M.
b. February 25, 2010 @ 8:30 A.M.
c. March 25, 2010 @ 8:30 A.M.
d. April 22, 2010 @ 8:30 A.M.
e. May 27, 2010 @ 8:30 A.M.
f. June 24, 2010 @ 8:30 A.M.
g. July 22, 2010 @ 8:30 A.M.
C. Finance Director
1. Financial Report for December 2009
D. Police Chief
1. Activity for December 2009
AGENDA CONTINUED
IX. Items for Commission Action.
A. Agreement with Supervisor of Elections for Voting Equipment &
Election Services
B. Resolution No. 010 -1; A Resolution Adopted by the Town
Commission of the Town of Gulf Stream, Florida, Authorizing
the Town of Gulf Stream to Approve and Adopt the 2009 Revised
O Palm Beach County Unified Local Mitigation Strategy Plan;
Providing an Effective Date and For Other Purposes.
C. Items by Mayor & Commissioners
X. Public.
XI. 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 THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON THURSDAY, JANUARY 7, 2010 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
Mayor.
III. Roll Call.
Present and
Participating
Also Present and
Participating
William F. Koch, Jr
Joan K. Orthwein
Fred B. Devitt, III
Muriel J. Anderson
Chris D. Wheeler
William H. Thrasher
Rita L. Taylor
Edward Allen
John Randolph
Charles F. Carlino
Anthony Mauro
Dr. Lichtenstein
Robert Ganger
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Police Lt.
Town Attorney
Applicant
Mauro Brothers LLC
Agent for Applicant
Resident /Place Au Soleil
Chairman, ARPB
IV. Minutes of the Regular Meeting of 12- 11 -09.
Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve
the minutes of the Regular Meeting of December 11, 2009. There was no
discussion. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were not changes to the agenda.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. February 12, 2010 @ 9 A.M.
2. March 12, 2010 @ 9 A.M.
3. April 9, 2010 @ 9 A.M.
4. May 14, 2010 @ 9 A.M.
5. June 11, 2010 @ 9 A.M.
% Clerk Taylor asked if there were any conflicts with the scheduled
meeting dates. There were none.
Clerk Taylor asked if there were any ex -parte communications concerning
the matter for Public Hearing. Mayor Koch stated that Mr. Mauro, agent
for Mr. Carlino, called him and asked if it was worth attending the
Commission Meeting and his response was that they should attend as no
decision has been made by the Board. Commissioner Wheeler stated that
he drove through and walked around the area.
Regular Meeting and Public Hearing
Town Commission - January 7, 2010 Page 2
Clerk Taylor administered the oath to Charles Carlino and Anthony Mauro.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. CONTINUED FROM HEARING ON DECEMBER 11, 2009
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
O 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.
Clerk Taylor announced the Application for Development Approval which is
continued from the previous Town Commission meeting.
Mr. Mauro said that at the previous meeting the Commission requested
they do a study of other homes in the area and submit a revised
landscape plan, which they have completed. He said there are height
differences throughout the neighborhood and many structures are higher
and larger than the proposed structure. Mr. Mauro said the major
obstacle is that some may feel the project is too large and out of
place, but it is within code and five feet below the height limit, the
Town Manager gave it a positive recommendation and the Town Architect,
Jon Carleen of JC Design, gave a positive review. He distributed photos
and a letter of support from Mr. Spadafora, a neighbor of Mr. Carlino,
and he displayed a drawing of the new landscape plan and photos of
various properties, stating that some structures are 2 -story next to a
1 -story and others have garages, some of which are 2 -story with 2nd story
living space. Mr. Mauro stated that, at the Commission's request, they
added more vegetation and the new landscape plan includes the 8 -foot
ficus hedge along the property line and additional plantings, including
Fishtail Palms, for the purpose of screening the structure.
Commissioner Devitt asked which house was the subject property and Mr.
Mauro indicated the location on the photo board. Commissioner Devitt
asked which house was Mr. Spadafora's. Mr. Mauro said it is directly
across the street from Mr. Carlino. Vice -Mayor Orthwein asked where Dr.
Lichtenstein's property is in relation to the subject property. Mr.
Mauro said it is directly across the street, but Dr. Lichtenstein will
not see the proposed structure because of where it sits on the property.
Mayor Koch asked where the subject property is located. Mr. Mauro said
it is on Avenue Au Soleil. Commissioner Devitt asked where the garage
structure will be located. Mr. Mauro pointed to the back corner of the
lot. Commissioner Anderson asked if the entrance will be from Cardinal.
Mr. Mauro said it will be from Avenue Au Soleil. Commissioner Devitt
asked if Mr. Carlino heard from any other neighbors. Mr. Mauro said Mr.
Carlino spoke to Mr. Earnhart who had no negative comments.
Commissioner Anderson asked if the plans were submitted to the Place Au
Soleil Homeowners Association for review. Mr. Carlino said he
Regular Meeting and Public Hearing
Town Commission - January 7, 2010 Page 3
approached all of his neighbors, Donna White being the first, and then
spoke to the President, Julio Martinez. Mr. Mauro said the Homeowners
Association was noticed and there were no complaints. Commissioner
Wheeler asked if it is required and Commissioner Anderson said it is not
required, but it is suggested.
Mr. Carlino said he has been straightforward about his project and,
O everyone he spoke with is in favor of it, except Donna White, and he
feels it is unfair that he is not able to develop his property. He said
before he bought the house his architect acquired a set of building
codes from the Town to determine whether he could expand. Mr. Carlino
said he and his wife lived in the house for two months and found the
space to be insufficient so they moved into the garage. He said there
were code issues when he replaced the garage doors with French doors and
he had to reinstall garage doors and move back into the house and then
they decided to expand. Mr. Carlino said the house is old with a
history and he has already made several improvements to bring the house
back to its original style. He said he is a designer by trade and
believes he is talented and qualified and does not understand why his
rights to expand are being refused at this point. Commissioner Wheeler
said no one has refused him yet. Mr. Carlino said there seems to be a
strong underlying energy to stop this project from other sources.
Commissioner Wheeler said he spent time driving and walking around the
area and he is all for property rights when the requirements are met.
He said if they were to demolish the existing house and build a 2 -story
structure in its place, it would be much worse, in his opinion, than the
proposed structure because it is five feet lower than Code allows and it
will sit 65 feet back from the road. He said he would have a hard time
not ruling in favor of the applicant since he meets all requirements.
Clerk Taylor administered the oath to Dr. Lichtenstein. Dr.
Lichtenstein introduced himself and said he lives across the street from
Mr. Carlino. He said he did not find out about the project until just
before the 2nd ARPB meeting and he immediately called the Town and
submitted his letter because he believed the scale of the project and
the privacy issue was worth consideration. He said he did not intend to
speak, but felt that his letter had been impugned and thought he should
say something. Dr. Lichtenstein said he wrote in his letter that the
height of the roof was three stories, not that it was a 3 -story
building, meaning that the height of the roof made the structure appear
to be three stories. He said he bought his property knowing what was in
the neighborhood and cannot complain about the size of anyone's house,
but the concern he had was the outward appearance and privacy issue.
Dr. Lichtenstein said he is required to have a setback for the 2nd story
and Mr. Carlino made it a_porch overlooking the neighbor's backyard and
pool. He said he understands the entrance must come from the existing
gateway on Avenue Au Soleil due to the location of the septic system and
underground piping, and he also said that Mr. Carlino has done a
magnificent job with landscaping and restoring the house and he has the
right to build, but the placement of the structure will have an impact
on the neighbors. Dr. Lichtenstein said he does not understand why the
Regular Meeting and Public Hearing
Town Commission - January 7, 2010 Page 4
balcony does not face Mr. Carlino's property rather than the neighbor
and suggested moving the balcony to the other side, lowering the
building and installing dormers. Mr. Mauro stated that the balcony does
face inward toward Mr. Carlino's property.
Clerk Taylor administered the oath to Mr. Ganger. Mr. Ganger said that
at the Architectural Review and Planning Board meeting it was agreed,
O and it is in the plan, that the proposed windows facing the north
property will be faux, and he wanted to confirm that at the last Town
Commission meeting Commissioner Wheeler asked that the denser Fishtail
Palms be planted along the structure. He said he did not hear anything
about the two conditions during this discussion. Commissioner Wheeler
stated that the planting of Fishtail Palms has been drawn into the new
landscape plan.
Commissioner Anderson said she has a problem with the project concerning
mass, not size, and referred to Code Section 70 -107, Additions and
rehabilitations, and replacement of existing features, Subsection (a)
Generally, which she distributed and asked Town Manager Thrasher to read
and he did so. She said, under "Generally" is Subsection (b) Required,
which, in her opinion, means it must be. Commissioner Anderson referred
to subparagraph (b)(3) and read it as follows: "The design of the
addition shall represent a logical extension of the existing structure
in terms of location, form, mass (emphasizing "mass "), design and use of
design elements." She distributed a chart which she put together
indicating houses having a garage, stating she could not find a 2 -story
detached garage in Place Au Soleil and, therefore, the information on
the chart is based on property on the eastern side of Gulf Stream.
Commissioner Anderson said she looked for houses with a two -story garage
and the first two examples on the chart are attached garages showing the
house -to- garage ratio and size of the lot. She said she found one
detached 2 -story garage, the third example, with a garage -house ratio of
24% on a 35,000 SF lot, and the fourth example is Mr. Carlino's property
on Avenue Au Soleil with a garage -house ratio of 34% on a 14,679 SF lot.
Commissioner Anderson said she was looking at mass and if you put a 2-
story detached garage on a 35,000 SF you will not have mass because it
is spread out. The fifth example is a property on Indigo in Place Au
Soleil with a 1 -story garage, which Commissioner Anderson stated was
recently re -done, having a garage -house ratio of 11.4% on a 15,045 SF
lot. She said that on Avenue Au Soleil, Mr. Carlino's project is the
highest she could find with a 34% garage -house ratio on a small lot and
her point is that the massiveness of a 34% garage -house ratio on that
size of a lot is discouraged and, by her judgment, prohibited. She
referred to Code Section 70 -4, How to use this manual, Subsection (c),
Design standards, paragraph (3) Discouraged, subparagraph a., which she
distributed and asked Town Manager Thrasher to read and he did so.
Commissioner Anderson referred to (3)a.l., Consistency of neighborhood
character, stating that she could not find another 2 -story detached
garage in all of Place Au Soleil, and (3)a.3., Consistency of building
form and mass, and then read (3)b. as follows: "Incorporating
discouraged items into a design decreases the probability of project
Regular Meeting and Public Hearing
Town Commission - January 7, 2010 Page 5
approval and may result in project denial. In order for a discouraged
item to be approved, applicants must show, and the town must find, that
the proposed item is not inconsistent with the above goals. The use of
more than three discouraged items on any property is prohibited." She
backed that up with what Jon Carleen of JC Design, the Town's architect,
wrote in his report in Article 1, Discouraged, paragraph 2, as follows:
"In addition, there are no two story detached garages present. The
G proposed two story garage is unique to the neighborhood. A one story
garage addition would be more appropriate in keeping with the character
of the existing house and that of the community." Commissioner Anderson
stated that she is referring to the two Sections and strongly suggests
denial.
Commissioner Wheeler moved and Vice -Mayor Orthwein seconded, that the
project be approved with the conditions discussed, the faux windows on
the northern exposure and the dense planting of Fishtail palms shown on
the amended landscape drawings, based on recommendations of the
Architectural Review and Planning Board, the Town Manager and the
independent architect, and he believes the proposed project is within
the Planning and Zoning Guidelines. There was no further discussion.
Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner
Anderson, NO; Commissioner Wheeler, AYE; Mayor Koch, AYE. The
application was approved by a vote of 4 - 1.
Clerk Taylor stated that she would like the record to show that the
letter from Mr. and Mrs. Spadafora reflecting approval of the project is
included as part of the record.
VIII. Reports.
A. Town Manager
1. Overhead Utilities Undergrounding Update
Mr. Thrasher said that he, as Town Manager, and Mr. Ganger, as President
of the Civic Association, met with the Consultant who did extensive work
for Jupiter Island and Jupiter Inlet Colony in their undergrounding
project and asked him to provide a scope of work and a proposal for his
consulting services to underground in the Town of Gulf Stream. He said
the contract, which is on a time and materials basis with a not -to-
exceed limit of $18,750, was initiated and signed upon review of Mr.
Ganger as directed by the Commission. Mr. Thrasher said the funds and
energy have been committed and they are impressed with Danny Brandon,
the Consultant, who is a very capable individual. Commissioner Wheeler
�j asked when the study would be complete and Mr. Thrasher said it would
take 30 - 90 days. Mr. Thrasher said the scope of work will consist of:
Evaluating community restraints such as work hours, noise and privacy;
acquisition of available outage information in the Town, which
information can be obtained from FPL as to how frequently and how long
our outages have been from a historical standpoint; and, evaluation of
easements and right -of -way situations. Commissioner Wheeler asked if an
evaluation of outages would indicate whether they were due to something
within our neighborhood versus something that happened elsewhere. Mr.
Thrasher said he could not be sure, but the Consultant understands that
Regular Meeting and Public Hearing
Town Commission - January 7, 2010 Page 6
something further south of the Town could cause an outage for Gulf
Stream and he did commit to survey and analysis. He continued, saying
that the easements and right -of -way issue is critical and the Consultant
will do a preliminary evaluation consisting of: Development of
conceptual underground facilities configurations; identification of
protection of critical landscape and hardscape; development of an
opinion and project cost and schedules; and, development of a conceptual
O project plan depicting actions and resources required to execute the
project, all for a cost not to exceed $18,750.
Mr. Thrasher referred to the letter from Mayor Falcone of Jupiter Island
which was provided by Mr. Randolph and is included in the meeting
packet, and read the letter into the record. He said the letter speaks
to the outages issue which is of concern to Mayor Koch and Commissioner
Wheeler as well as it relates to internal and external components of
electricity. Mr. Ganger pointed out that FPL estimated the Jupiter
Island project to cost $15 million, the Consultant estimated $9 million
and the actual cost was $8.4 million. Mr. Thrasher said that Mr.
Brandon will make his presentation before the Commission and possibly
Mayor Falcone, who is a very well versed individual as it relates to
electrical issues. He said the study is proceeding as directed and the
report will be brought to the Commission as soon as possible.
B. Architectural Review & Planning Board
1. Meeting Dates
a. January 28, 2010 @ 8:30 A.M.
b. February 25, 2010 @ 8:30 A.M.
c. March 25, 2010 @ 8:30 A.M.
d. April 22, 2010 @ 8:30 A.M.
e. May 27, 2010 @ 8:30 A.M.
f. June 24, 2010 @ 8:30 A.M.
g. July 22, 2010 @ 8:30 A.M.
Clerk Taylor announced that the ARPB will not hold a meeting in January,
but will hold their February meeting as scheduled.
C. Finance Director
1. Financial Report for December 2009
Town Manager Thrasher requested that the Financial Report be approved as
submitted. Commissioner Anderson moved and Vice -Mayor Orthwein seconded
to approve the Financial Report for December 2009 as submitted. There
was no discussion. All voted AYE.
D. Police Chief
1. Activity for December 2009
Lt. Edward Allen requested that the Activity Report for December, 2009
be accepted as submitted. Commissioner Anderson asked if grand thefts
were up or down since last month. Lt. Allen said they are up from last
month. He said a tool box left on the side of a house near the garbage
was reported missing and a work vehicle with the keys left in it was
stolen and taken out of Town. The Activity Report was accepted as
submitted.
Regular Meeting and Public Hearing
Town Commission - January 7, 2010 Page 7
IX. Items for Commission Action.
A. Agreement with Supervisor of Elections for Voting Equipment &
Election Services
Clerk Taylor read the title of the agreement. She said that since the
Gulf Stream Town Hall and other town halls have been used as polling
places, the Supervisor of Elections picked up the tab for everything
except transporting voting equipment and advertising. Clerk Taylor said
O there is nothing in State Law that requires the Supervisor of Elections
to provide these services for free and this Supervisor feels that
municipalities should take more responsibility in paying for their own
elections. She said the Clerks got together and decided to not sign the
contract for this year. Instead, the Clerk's Association and the Palm
Beach County Municipal League each provided a committee and the
committees, the Municipal League's attorney and the Supervisor of
Elections met over a period of three months to negotiate an agreement.
Clerk Taylor said the cost to municipalities is much less than it would
have been without it. Commissioner Anderson asked about the cost and
Clerk Taylor said that if municipalities hold their elections on the
same day, and the Town is in line with other towns for March, they will
pay the Municipal Package fee of $2,338. She said the package includes
several services, but there will be additional costs for advertising and
transporting equipment. Clerk Taylor said she was not on the committee,
but understands that without the agreement the cost which is based on
population could have been up to $6,000. Mr. Thrasher stated that the
agreement is not opposed by the League of Cities. Commissioner Devitt
asked if staff recommends approval of the agreement and Mr. Thrasher
confirmed that. Commissioner Devitt moved and Commissioner Anderson
seconded to approve the Agreement between the Supervisor of Elections
and the Town of Gulf Stream. There was no further discussion. All
voted AYE.
B. Resolution No. 010 -1; A Resolution Adopted by the Town
Commission of the Town of Gulf Stream, Florida, Authorizing
the Town of Gulf Stream to Approve and Adopt the 2009 Revised
Palm Beach County Unified Local Mitigation Strategy Plan;
Providing an Effective Date and For Other Purposes.
Clerk Taylor read the title of Resolution No. 010 -1. Commissioner
Anderson moved and Vice -Mayor Orthwein seconded to approve Resolution
No. 010 -1 on first reading on the 7th day of January, 2010. There was no
discussion. All voted AYE.
C. Items by Mayor & Commissioners. There were no items by the
Mayor or the Commissioners.
�) X. Public. No Public Items.
XI. Adjournment. Mayor Koch adjourned the meeting at approximately
9:55 A.M.
;a�
ail C. Abbale
Administrative Assistant