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HomeMy Public PortalAbout10/19/2001October 12, 2001 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch C l REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF ) F THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 19, 2001 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. A. Regular Meeting of September 14, 2001 B. Public Hearing (final budget) of September 24, 2001 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 11 -9 -01 @ 9 A.M. 2. Regular Meeting & Public Hearing 12 -14 -01 @ 9 A.M. 3. Regular Meeting & Public Hearing 1 -11 -02 @ 9 A.M. 4. Regular Meeting & Public Hearing 2 -8 -02 @ 9 A.M. 5. Regular Meeting & Public Hearing 3 -8 -02 @ 9 A.M. 6. Regular Meeting & Public Hearing 4 -12 -02 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by David Frank, as Agent for A. Hopkins and Ingrid Kennemer Jr., the owners of property located at 810 Tangerine Way, Gulf Stream, Florida, which is legally described as Lot 17, Place Au Soleil Subdivision. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a two -story Gulf Stream Bermuda style single - family dwelling consisting of 4,256 sq. ft. b. LAND CLEARING PERMIT to remove existing trees from the building pad. 2. An application submitted by Randall Stofft, as Agent for Anthony Pugliese, owner of the property located at 3145 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as the south 313.03 ft. of Lot 3, Gulf Stream Ocean Tracts Subdivision. a. SPECIAL EXCEPTION to permit the addition of a pool- - House to the existing structure with a nonconforming rear setback. b. VARIANCES (1) To permit construction of a pool house and a two -story 3 car garage with staff quarters that would exceed the maximum permitted floor area ratio by 2,401 square feet. (2) To permit construction of a spa /fountain within the required 15 foot rear setback and seaward of the rear property line and Coastal Construction Control Line. AGENDA CONTINUED Page 2 VIII. Reports. A. Town Manager 1. Old School Road & Polo Drive Project Update B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 10 -25 -01 @ 8:30 A.M. b. Regular Meeting & Public Hearing 11 -15 -01 @ 8:30 A.M. C. Regular Meeting & Public Hearing 12 -20 -01 @ 8:30 A.M. C. Finance Director 1. Financial Report for September 2001 O 2. Bi- monthly water report D. Police Chief 1. Activity for September 2001 IX. Items for Commission Action. (3) To permit construction of a moat that is Ordinance No. 01/3; AN ORDINANCE OF THE TOWN OF GULF STREAM, located within the required 15 -foot rear PALM BEACH COUNTY, FLORIDA, ADDING APPENDIX A TO THE TOWN setback. c. NORTH OCEAN BLVD. OVERLAY DISTRICT PERMIT for the re- CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF location eastward and replacement of the entrance A TELECOMMUNICATIONS FACILITY IN THE TOWN'S PUBLIC RIGHTS -OF- gate, and resurfacing of the driveway with pavers. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit: n (1) Architectural renovations to existing Mediter- SAVINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN ranean Revival style structure. EFFECTIVE DATE. (second reading & adoption) (2) Construction of an attached pool house and Resolutions master wing with loggia, and a two story, 3 car 1. No. 001 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN garage with staff quarters above for a total of OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS 8,495 square feet. OF BUDGET REVENUES AND EXPENDITURES IN THE GENERAL FUND; (3) Relocation and replacement of entrance gate and PROVIDING AN EFFECTIVE DATE. installation of a paver driveway surface. 2. No. 001 -9; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN (4) Construction of 2 swimming pools, moats, spas, OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS swan ponds, waterfalls with grotto, 20' tunnel OF BUDGET REVENUES AND EXPENDITURES IN THE WATER FUND; and playground equipment. 3. An application submitted by Raymond Balassiano as Agent for Safwat Fahmy, owner of the property located at 2500 Avenue Au Soleil, Gulf Stream, Florida, which is legally described as Lot 53, Place Au Soleil Subdivision. a. VARIANCE to permit installation of a metal fabricated Roof tile in place of the previously approved wood shakes. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW AMENDMENT to replace the previously approved wood shake roof on the existing two -story contemporary structure with metal fabricated roof tile. VIII. Reports. A. Town Manager 1. Old School Road & Polo Drive Project Update B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 10 -25 -01 @ 8:30 A.M. b. Regular Meeting & Public Hearing 11 -15 -01 @ 8:30 A.M. C. Regular Meeting & Public Hearing 12 -20 -01 @ 8:30 A.M. C. Finance Director 1. Financial Report for September 2001 O 2. Bi- monthly water report D. Police Chief 1. Activity for September 2001 IX. Items for Commission Action. A. Ordinance No. 01/3; AN ORDINANCE OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADDING APPENDIX A TO THE TOWN CODE, SECTIONS 1 THROUGH 17; PROVIDING THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A TELECOMMUNICATIONS FACILITY IN THE TOWN'S PUBLIC RIGHTS -OF- WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (second reading & adoption) B. Resolutions 1. No. 001 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE GENERAL FUND; PROVIDING AN EFFECTIVE DATE. 2. No. 001 -9; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE WATER FUND; PROVIDING AN EFFECTIVE DATE. C. Appointment of an Alternate Issues Representative on the Issues Forum to replace Kris Garrison. D. Items by Mayor and Commissioners. AGENDA CONTINUED X. Public. XI. Adjournment. Page 3 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 l7J �ti MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 19, 2001 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 A.M. II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance. III. Roll Call. O Present and William F. Koch, Jr. Participating:Joan K. Orthwein Fred B. Devitt III William A. Lynch Absent with Notice: Robert W. Hopkins II Also Present and William Thrasher Participating:Lesley Hogan Rita Taylor Ingrid Kennemer Anthony Pugliese Randall Stofft Maria Storts IV. Minutes. Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Asst. Town Attorney Town Clerk Applicant Applicant Agent for Pugliese Town Resident A. Regular Meeting of September 14, 2001 Commissioner Orthwein moved and Commissioner Lynch seconded that the minutes be approved as circulated and all voted AYE. B. Public Hearing (final budget) of September 24, 2001 Commissioner Devitt moved the minutes be approved as circulated and Commissioner Lynch seconded the motion with all voting AYE. V. Additions, withdrawals, deferrals, arrangement of agenda There were no changes in the agenda requested. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 11 -9 -01 @ 9 A.M. 2. Regular Meeting & Public Hearing 12 -14 -01 @ 9 A.M. 3. Regular Meeting & Public Hearing 1 -11 -02 @ 9 A.M. 4. Regular Meeting & Public Hearing 2 -8 -02 @ 9 A.M. 5. Regular Meeting & Public Hearing 3 -8 -02 @ 9 A.M. 6. Regular Meeting & Public Hearing 4 -12 -02 @ 9 A.M. Mayor Koch called attention to the above dates. VII. PUBLIC HEARING. There were no ex -parte communications declared in relation to any of the items on the agenda. The Town Clerk administered the Oath to Mr. & Mrs. Kennemer and Anthony Pugliese. Town Commission - Regular Meeting October 19,2001 Page 2 Assistant Town Attorney Hogan explained that inasmuch as there are only 4 of the 5 members of the Town Commission /Board of Adjustment present, applicants may request a postponement until such time as there is a full Board present. There were no postponements requested. A. Applications for Development Approval 1. An application submitted by David Frank, as Agent for A. Hopkins and Ingrid Kennemer Jr., the owners of property located at 810 Tangerine Way, Gulf Stream, Florida, which is legally described as Lot 17, Place Au Soleil Subdivision. Ingrid Kennemer explained that her Agent was unable to attend the meeting and she would be presenting the application. Mrs. Kennemer first explained that the roof pitch on the elevation drawing is incorrectly shown as 4:12 pitch but is actually 5:12 as required by Code. She then called attention to the amended elevation drawings incorporating most of the recommendations made by the Architectural Review and Planning Board, those being; 1) The hex windows in the foyer, one on the front and one on the right side elevation, have been reduced in size and the small hex window on the front elevation has been replaced with a rectangular window. 2) Shutters have been added to the side elevations to match those in the front. 3) The solid flush door will be replaced with a multi -panel door. 4) Decorative quoins have been added as a corner treatment. 5) the horizontal panel garage doors will be replaced with rectangular panel doors. Mrs. Kennemer closed by advising that they do not wish to utilize exposed rafter tails as had been suggested by the ARPB. Maria Storts, speaking from the audience, advised that she lives in back of this location and there is a flowering tree near the rear property line that is a rare variety. She hoped it would be saved but advised that it is much too large and should be shaped. Mrs. Kennemer advised that they realize the property is in need of landscape maintenance and Mrs. Storts' comments will certainly be taken into consideration. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a two -story Gulf Stream Bermuda style single - family dwelling consisting of 4,256 sq. ft. Commissioner Devitt moved and Commissioner Lynch seconded to approve the r-, Level 3 Architectural /Site Plan Review, based on a finding that the proposed plan as amended to include the changes just described by Mrs. Kennemer meets the minimum intent of the Design Manual, and applicable review standards with the following conditions: 1) The finished floor elevation shall be determined by spot elevations and certified to comply with code; 2) Pool safety barriers shall be installed to conform to current codes; 3) Roof tiles shall be "flat, white, cement tiles "; and 4) Color samples shall be provided for approval of staff. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. Town Commission - Regular Meeting Page 3 October 19,2001 b. LAND CLEARING PERMIT to remove existing trees from the building pad. Commissioner Orthwein moved and Commissioner Lynch seconded the approval of a Land Clearing Permit as requested. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. 2. An application submitted by Randall Stofft, as Agent for Anthony Pugliese, owner of the property located at 3145 N. Cl Ocean Blvd., Gulf Stream, Florida, which is legally described as the south 313.03 ft. of Lot 3, Gulf Stream Ocean Tracts Subdivision. Town Clerk Taylor administered the Oath to Randall Stofft who had just arrived. Mr. Stofft explained that the positioning of the pool house was dictated by the location of the existing structure, which encroaches into the rear setback. He pointed out that the pool house would not encroach on the 1978 Coastal Construction Control Line. In addition, the spa and moat that would encroach over the CCCL is at ground level and would not be seen off -site. Mr. Stofft noted that the existing structures have a considerable amount of space that is not usable but that must be counted in the FAR calculation. He felt the requested additions are the least that would make the structures livable by current standards. Mayor Koch questioned if the planned generator would conform to the Code and what type of fuel would be used to operate it, adding that the noise from generators is presenting a problem. Mr. Pugliese advised that the property line is 12 '1 feet beyond the existing wall and the generator would be inside the wall and would not be higher than the wall. Mr. Stofft added that, while the unit has not yet been selected, it would be powered by propane gas and would not be large enough to power everything on the property, just the essential things. He further advised that there has been a great improvement in these units in the last few years that has resulted in them being much less noisy. Mayor Koch asked the Town Manager to review the recommendations. The Town Manager explained that the Staff had recommended approval of the Special Exception and the AlA Corridor Permit, denial of all variance requests, and approval of the Level 3 Architectural /Site Plan Review with adjustments dictated by the denial of the variances, provided that patios, decks and pools have no elevation greater than 8" above grade with spot elevations provided indicating this condition has been met, and pool safety barriers are installed to conform to current codes. Mr. Thrasher then reported that the ARPB had recommended approval of the Special Exception, the AlA Corridor Permit and Variance #3 to construct a moat within the 15' rear setback. He further reported they recommended to deny Variance #2 to construct a spa & fountain within the Town Commission - Regular Meeting October 19,2001 Page 4 rear setback and to approve Variance #1 to exceed the FAR by 1,201 square feet, as opposed to the requested 2,401 sq. ft., provided the ceiling of the second story of the existing garage does not exceed 6 1.1 ft. in height and all windows are covered on the inside to become a part of the wall, thus meeting the definition of an attic. In addition, approval of the Level 3 Architectural /Site Plan Review was recommended with adjustments dictated by the action taken with regard to the variances, provided that patios, decks and pools have no elevation greater than 8" above grade with spot elevations provided indicating this condition has been met, pool safety barriers are installed to conform to current codes and landscape material is installed to assure that none of the minor accessory structures and recreational structures and features are visible from State Road AlA or adjacent property. The Commissioners expressed concern that if the windows were covered on the inside, to be a part of the wall, it would be unsightly from the outside. a. SPECIAL EXCEPTION to permit the addition of a pool House to the existing structure with a nonconforming rear setback. Commissioner Lynch moved and Commissioner Devitt seconded that the Special Exception to allow extending the pool house into the 15 -foot rear setback approximately 8' be granted in that the review standards for a Special Exception had been met. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. b. VARIANCES (1) To permit construction of a pool house and a two -story 3 car garage with staff quarters that would exceed the maximum permitted floor area ratio by 2,401 square feet. Commissioner Lynch moved to approve a variance to exceed the maximum permitted floor area ratio by 1,201 square feet provided the ceiling of the second story of the existing garage does not exceed 6 '1 ft. in height and all windows are covered on the inside with permanently closed shutters. The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. (2) To permit construction of a spa /fountain within the required 15 -foot rear setback and seaward of the rear property line and Coastal Construction Control Line. �i Commissioner Orthwein moved and Commissioner Devitt seconded that the request to construct a spa /fountain within the required 15 foot rear setback and seaward of the rear property line and Coastal Construction Control Line be denied in that a hardship had not been proven. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. (3) To permit construction of a moat that is located within the required 15 -foot rear setback. Town Commission - Regular Meeting October 19,2001 Page 5 Commissioner Lynch moved and Commissioner Devitt seconded that the variance be granted to permit construction of a moat that is located within the required 15 foot rear setback in that it will be below grade. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. c. NORTH OCEAN BLVD. OVERLAY DISTRICT PERMIT for the re- location eastward and replacement of the entrance gate, and resurfacing of the driveway with pavers. Commissioner Lynch moved to approve the North Ocean Blvd. Overlay District Permit as requested, based on a finding the proposed plans are consistent with applicable review standards. The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit: (1) Architectural renovations to existing Mediter- ranean Revival style structure. (2) Construction of an attached pool house and master wing with loggia, and a two story, 3 car garage with staff quarters above for a total of 8,495 square feet. (3) Relocation and replacement of entrance gate and installation of a paver driveway surface. (4) Construction of 2 swimming pools, moats, spas, swan ponds, waterfalls with grotto, 20' tunnel and playground equipment. Commissioner Orthwein moved to approve the Level 3 Architectural /Site Plan Review based on a finding that the proposed plans are consistent with applicable review standards, subject to the following conditions: 1) The Floor Area Ratio shall be reduced by 1,200 square feet as provided in the granting of the variance; 2) The rear spa and fountain planned for construction within the rear setback shall be eliminated; 3) Patios, decks and pools shall have no elevation greater than 8" above grade and spot elevations shall be provided indicating that this condition has been met; 4) Pool safety barriers shall be installed to conform to current codes; 5) Landscape material shall be installed to assure that none of the minor accessory structures and recreational structures and features shall be visible from State Road AlA or adjacent property; 6) Specifications shall be provided for the generator and related equipment. The motion was seconded by Commissioner Devitt. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. 3. An application submitted by Raymond Balassiano as Agent for Safwat Fahmy, owner of the property located at 2500 Avenue Au Soleil, Gulf Stream, Florida, which is legally described as Lot 53, Place Au Soleil Subdivision. Inasmuch as there were no representatives in attendance to present this request, the Town Manager advised that Staff recommended denial of the variance based on a finding that the proposed roof material does not meet the applicable review standards (metal roof materials are prohibited). The Staff also recommended denial of the Level 3 Town Commission - Regular Meeting October 19,2001 Page 6 Architectural Site Plan Review Amendment, based on a finding that the proposed roof material does not meet the applicable review standards. Mr. Thrasher reported that the ARPB recommendations are the same as those made by the Staff. A sample of the proposed roof material was displayed and the Town O Manager advised that Mr. Fahmy believed he had a hardship in that he felt the proposed material was better than anything else on the market and would better protect him, his furnishings and the integrity of the structure. The Commissioners were in agreement that the material is metal and that metal roofs are prohibited. They were also in agreement that this material should be investigated at length at such time as Code amendments are considered. Commissioner Orthwein asked if the Place Au Soleil Association had reviewed this request and was advised that they are opposed to the use of the material. Commissioner Lynch believed it would be unfair to ask an owner to wait until there is a Code review for a determination. Mayor Koch commented that this material looks much better than asphalt shingles and is a lightweight material that could be used on structures that were not designed to bear the load of cement or clay tile. a. VARIANCE to permit installation of a metal fabricated Roof tile in place of the previously approved wood shakes. Commissioner Orthwein moved and Commissioner Devitt seconded that the variance request be denied, based on a finding that the proposed roof material does not meet the applicable review standards. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; NAY and Mayor Koch; NAY. Attorney Hogan advised the request is denied in that a vote of three Commissioners would be necessary to grant the request. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW AMENDMENT to replace the previously approved wood shake roof on the existing two -story contemporary structure with metal fabricated roof tile. Commissioner Orthwein moved and Commissioner Devitt seconded to deny the Level 3 Architectural /Site Plan Review Amendment, based on a finding that the proposed roof material does not meet the applicable review standards. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; NAY and Mayor Koch; NAY. The amendment was not approved. VIII. Reports. A. Town Manager 1. Old School Road & Polo Drive Project Update Town Manager Thrasher reported that the Polo Drive. /Old School Road drainage project is on schedule with a tentative start up date the second week in November. Town Commission - Regular Meeting October 19,2001 Page 7 Mr. Thrasher also reported that a voluntary contribution of $10,000 had been received from the Gulf Stream School. B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 10 -25 -01 @ 8:30 A.M. b. Regular Meeting & Public Hearing 11 -15 -01 @ 8:30 A.M. c. Regular Meeting & Public Hearing 12 -20 -01 @ 8:30 A.M. Mayor Koch called attention to the above meetings. C. Finance Director 1. Financial Report for September 2000 There were no questions regarding the Financial Report and Commissioner Lynch moved and Commissioner Orthwein seconded that the report be approved as circulated and all voted AYE. 2. Bi- monthly water report Commissioner Devitt asked if the budget for the water fund is being impacted by the water restrictions as has been claimed by other municipalities. Mr. Thrasher advised that since the Town buys the water and then resells it, there is a very minimal impact. He explained that the municipalities having the problems are the ones that have their own water plants with large commitments to satisfy. D. Police Chief 1. Activity for September 2001 Chief Ward presented his report and added that precautionary procedures are in place for the handling of mail and police and fire activities are being coordinated in the event of any terrorist activity or emergency. IX. Items for Commission Action. Mayor Koch noted that Town Manager Thrasher has been acting in an Interim Town Manager position for several months and he believes it is time to determine a permanent status. The other Commissioners were in agreement and Commissioner Lynch moved and Commissioner Devitt seconded that William Thrasher be appointed Town Manager. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. A. Ordinance No. 01/3; AN ORDINANCE OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADDING APPENDIX A TO THE TOWN CODE, SECTIONS 1 THROUGH 17; PROVIDING THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A TELECOMMUNICATIONS FACILITY IN THE TOWN'S PUBLIC RIGHTS-OF- WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (second reading & adoption) The Town Clerk read Ordinance No. 01/3 by title. Attorney Hogan advised that a representative from Bell South had contacted her with a request than no action be taken on this Ordinance until their attorneys had an opportunity to review it. She stated that she and the Town Manager had discussed the matter and saw no need to delay action. It was noted that Bell South had been provided with an agenda prior to first reading, intended adoption had appeared as a legal Town Commission - Regular Meeting October 19,2001 Page 8 notice 10 days prior to today and an agenda had been sent to Bell South one week prior to this meeting, and the contact from Bell South was not made until the afternoon prior to this meeting. Commissioner Lynch moved and Commissioner Orthwein seconded that Ordinance #01/3 be adopted. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. B. Resolutions 1. No. 001 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE GENERAL FUND; PROVIDING AN EFFECTIVE DATE. Town Clerk Taylor read Resolution 001 -8 in its entirety. Commissioner Lynch moved and Commissioner Orthwein seconded that Resolution No. 001 -8 be adopted. Roll Call: Comm. Orthwein; AHY, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. 2. No. 001 -9; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE WATER FUND; PROVIDING AN EFFECTIVE DATE. The Town Clerk read Resolution No. 001 -9 in its entirety. Town Manager Thrasher pointed out that there is an additional transfer of $75,590 for General Management Fees to defray a portion of the cost of some of the Capital Projects that relates to water distribution. Commissioner Lynch moved and Commissioner Orthwein seconded that Resolution No. 001 -9 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. C. Appointment of an Alternate Issues Representative on the Issues Forum to replace Kris Garrison. Commissioner Orthwein moved to appoint Town Manager Thrasher as Alternate Issues Representative on the Issues Forum and Commissioner Lynch seconded the motion. All voted AYE at Roll Call. D. Items by Mayor and Commissioners. Commissioner Orthwein asked the status of the feral cat problem. The Town Manager and Police Chief advised that there have been very few removed this month as opposed to 19 removed the previous month. They advised that it is felt that perhaps others are now feeding the cats, but they have been unable to determine whom it might be. X. Public. There was no comment from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 10:25 A.M. FAI Rita L. Tay or, own C er