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HomeMy Public PortalAbout11/17/2006November 9, 2006 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 THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 17, 2006 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 October 13, 2006. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 2. December 8, 2006 @ 9 A.M. 3. January 12, 2007 @ 9 A.M. 4. February 9, 2007 @ 9 A.M. 5. March 9, 2007 @ 9 A.M. 6. April 13,2007 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Randall E. Stofft Architects, as agent for John Wynne and Barbara S. Wynne, owners of the property located at 1310 N. Ocean Blvd., Gulf Stream, �. Florida, which is legally described as Lot 3 McLouth Subdivision, for the following: a. SPECIAL EXCEPTION to permit additions to a Gulf Stream Bermuda style home that has an existing non- conforming covered entry, which encroaches 10 feet into the required 40 foot front yard setback. The proposed additions will not encroach on any setbacks. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a master bath and closet on the east end and the addition of a kitchen and breakfast area on the west end of the existing Gulf Stream Bermuda style home at 1310 N. Ocean Blvd., Gulf Stream, Florida, a total addition of 1,527 square feet. 2. An application submitted by James A. Ballerano, Jr.Esq. as agent for Peter B. & Katherine W. Roby, owners of the property located at 2 Little Club Road #20, Gulf Stream, Florida, which is legally described as Las Casitas, Inc., Apt. 2, for the following: a. VARIANCE to permit the replacement of a canvas awning with a permanent roof that will encroach from zero feet to a maximum of 4 feet into the required 25 foot rear setback (along the Intracoastal Waterway). b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a permanent patio roof on the west side, a portion of which will replace a canvas awning, and the addition of a 66 sq. ft. bathroom on the northwest corner of the existing Bermuda style home. AGENDA CONTINUED Page 2 VIII. Reports. A. Town Manager 1. RFP for Consulting Service for Employee Compensation Study 2. Proposal to clear alley between Polo & Gulf Stream Rd. 3. Cost - effectiveness study of undergrounding electric lines B. Architectural Review & Planning Board 1. Meeting Dates a. November 30, 2006 @ 8:30 A.M. c. December 28, 2006 @ 8:30 A.M. d. January 25, 2007 @ 8:30 A.M. e. February 22, 2007 @ 8:30 A.M. e. March 22, 2007 @ 8:30 A.M. C. Finance Director 1. Financial Report for October 2006 D. Police Chief 1. Activity for October 2006 IX. Items for Commission Action. A. Ordinances 1. ORDINANCE NO. 06/08; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF GULF STREAM, AT CHAPTER 2, ADMINISTRATION, TO INCLUDE A NEW ARTICLE IV, INSURANCE PREMIUMS, TO MAKE AVAILABLE ALL PROPERTY INSURANCE PREMIUM TAXES COLLECTED FROM PROPERTIES WITHIN THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM AND PROVIDING THAT SAID TAX SHALL BE DUE AND PAYABLE TO THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FIRE- RESCUE SERVICES THAT DELRAY BEACH PROVIDES TO THE TOWN OF GULF STREAM IN ACCORDANCE WITH STATE STATUTES; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (emergency adoption on 1st reading) 2. ORDINANCE NO. 06/09; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA AMENDING CHAPTER 44, CONCURRENCY MANAGEMENT SYSTEM OF THE TOWN CODE OF ORDINANCES BY CREATING A NEW ARTICLE V TITLED "PROPORTIONATE FAIRSHARE PROGRAM", PROVIDING A MECHANISM TO ALLOW FOR PROPORTIONATE SHAE CONTRIBUTIONS FROM DEVELOPERS TOWARD TRAFFIC CONCURRENCY REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 44 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (first reading) B. Items by Mayor and Commissioners. 1. Potential eligibility for listing AIA in National Register of Historic Places -Mayor Koch 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 NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on October 26, 2006 at 8:30 A.M., and the Town Commission will hold a Public Hearing on November 17, 2006 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: ( 7) An application submitted by James A. Ballerano, Jr., Esq., as agent for Peter B. & Katherine W. Roby, owners of the property located at 2 Little Club Road #20, Gulf Stream, Florida, which is legally described as Las Casitas, Inc., Apt. 2, for the following: VARIANCE to permit the replacement of a canvas awning with a permanent roof that will encroach from zero feet to a maximum of 4 feet into the required 25 foot rear setback (along the Intracoastal Waterway). LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a permanent patio roof on the west side, a portion of which will replace a canvas awning, and the addition of a 66 sq. ft. bathroom on the northwest corner of the existing Bermuda style home. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the,Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS 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. 286.0105, F.S.S. Date: October 3, 2006 TOWN OF GULF STREAM, FLORIDA Publish: Palm Beach Post _ October 15, 2006 November 1, 2006 1 A November 12, 2006 Pita L. Taylor, 01wn Clerk m v p O w � F H u v u ra W T%P PQ E a �Qa t� O �w w (1+ 0' 6 O a a F" 3 sC3 �-��oeYm�� 0 O a�s� r 3 o 3 7 N Y 7= N ors �aH.=^�we� W O G 0< 'O 4� U T ty=C Y N M L y U p> �oom0"� .O = O •O U H Ir .fl IT. 7 .O m _ , ti N G.•�^y" „o O o R4 aG7i 6 Y W ." -0 GO o c o y 0.0 y C U E.G a 0 ms o E4, o U m pr 3y Yom... =y Fi W N Y ctl C N W 'D q y o Eat y E ua E E N-o E.vsv >,w p• m 7 0,9 ,, P.cP.Eo0oa c3 .. EEC yw'O NIL U ru '- o•= E o N•�934 W C C Y O E'y w OL UU � O = O w w • @L. O.•O _ b mw 7 C3 O • .r o U � _ . Y d O O m r" O U 00 C. vi T i 00 aav00 ari °ai0 E =vim =E op..V 6 — C :OC CCNtl UN ,,�] ° 0 °1 ='L4 tL p Urj N O O y� N U -Q °� m y to- Y U i'.�".t O.L d r0 c7�9rJ' 7 D F. 0 U N a; N 7 tl .32 O ) CQ w c m 3 P. P. I h 0 •O v w .a .G D y 9 u. v 0 a. Yo G C Y O a coo 0 eVr Gc. O�A`•'v � C Q C u F O � v� CU a y � U `a 6 v � a MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 17, 2006 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 William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Muriel J. Anderson Commissioner Chris D. Wheeler Commissioner Also Present and William Thrasher Town Manager Participating: Garrett Ward Police Chief Rita Taylor Town Clerk John Randolph Town Attorney Lattouf Korban Agent for Wynne Mark Marsh Agent for Roby James Ballerano Attorney for Roby IV. Minutes of the Regular Meeting of October 13, 2006. Commissioner Anderson moved and Commissioner Devitt seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals There were none requested. VI. Announcements. deferrals A. Regular Meetings and Public Hearings 1. December 8, 2006 @ 9 A.M. 2. January 12, 2007 @ 9 A.M. 3. February 9, 2007 @ 9 A.M. 4. March 9, 2007 @ 9 A.M. 5. April 13, 2007 @ 9 A.M. Mayor Koch announced these dates. of agenda items. Town Clerk Taylor asked if there were any exparte communications to declare. There were none. The Town Clerk asked that all persons who intended to speak please stand to take the Oath. Town Clerk Taylor administered the Oath to Mr. Marsh, Mr. Korban and Mr. Ballerano. Regular Meeting & Public Hearing November 17, 2006 Town Commission Page 2 VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Randall E. Stofft Architects, as agent for John Wynne and Barbara S. Wynne, owners of the property located at 1310 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 3 McLouth Subdivision, for the following: Mr. Korban displayed color renderings and a site plan. He explained the proposed improvements include the addition of a partial second story master bath and closet on the east end and a kitchen and breakfast area on the west end of an existing Gulf Stream Bermuda style home. He explained that the existing home has an existing, nonconforming covered entry, which encroaches 10 ft. into the required 40 ft. front yard set- back. Mr. Korban advised that the proposed additions would not encroach on any setback and all material would match the existing. Commissioner Devitt asked if the kitchen addition is over an existing lower floor. Mr. Korban stated yes. a. SPECIAL EXCEPTION to permit additions to a Gulf Stream Bermuda style home that has an existing non- conforming covered entry, which encroaches 10 feet into the required 40 foot front yard setback. The proposed additions will not encroach on any setbacks. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve a Special Exception to allow additions to a Gulf Stream Bermuda style home that has an existing non - conforming covered entry which encroaches 10 feet into the required 40 foot front yard setback. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a master bath and closet on the east end and the addition of a kitchen and breakfast area on the west end of the existing Gulf Stream Bermuda style home at 1310 N. Ocean Blvd., Gulf Stream, Florida, a total addition of 1,527 square feet. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve a Level III Architectural /Site Plan based on a finding that the proposed additions of a master bath and closet on the east end and the addition of a kitchen and breakfast area on the west end of the existing Gulf Stream Bermuda style home totaling 1,527 sq. ft. meet the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 2. An application submitted by James A. Ballerano, Jr.Esq. as agent for Peter B. & Katherine W. Roby, owners of the property located at 2 Little Club Road #20, Gulf Stream, Florida, which is legally described as Las Casitas, Inc., Apt. 2, for the following: Regular Meeting & Public Hearing November 17, 2006 Town Commission Page 3 Attorney Ballerano displayed photographs of the existing home and a site plan. He explained that the canvas awning was destroyed during hurricane Wilma and the proposed improvements include the replacement of the canvas awning with a permanent roof. He stated he has received approvals for the improvements from the neighbors on the north and south side and from the Las Casitas Home Owners Association. Attorney Ballerano added that with the existing landscaping, the improvements would not visually impact the neighbors to the north or the south. Mr. Marsh added that the improvements include the addition of a bathroom on the northwest corner of the home and the permanent roof would extend over the bathroom. He also advised the maximum encroachment would be 4 ft. into the required 25 ft. rear setback. Commissioner Wheeler asked if the applicant was replacing only the awning and that if the roof was 5 ft. shorter, would a variance be required. He suggested that if the Variance were to be granted, a deed restriction be recorded that states the patio shall remain forever unenclosed. Attorney Randolph stated that to replace the canvas awning would require a variance in that when a nonconforming item is removed or destroyed, it is not grand- fathered. Commissioner Orthwein asked if there are any other homes in Las Casitas that would require a variance for the installation of an awning. Mr. Marsh stated that he is only aware of one home to the north that would require a variance, all the other homes are on larger lots. Mr. Ballerano stated that if the roof was shorter, the covered area would not be livable, plus the bearing walls /foundation are already in place. He read and addressed all eight criteria for a variance into the record. The Commissioners were concerned that by granting the variance, a precedence would be set. Town Manager Thrasher advised that the ARPB unanimously approved the variance at their last meeting but he did not believe that criteria 3, 4, 5, 6 and 7 have been met. CThe Commissioners agreed that improvements are aesthetically pleasing but they did not believe that all eight criteria for a variance have been met. Attorney Randolph advised that the Commission has the discretion to make a determination as to whether they believe all eight criteria have been met. Furthermore, each application is judged on its own merit and he does not believe a precedence would be set if this variance is approved. He suggested that if the footprint is not changed, the code could be revised to provide a Special Exception to allow replacement of non- conforming items that are destroyed by a natural act. Regular Meeting & Public Hearing Town Commission November 17, 2006 Page 4 Mayor Koch believed that the improvements are consistent with the architectural style of the home. He added that the conditions for granting variances should be revised to allow for special circumstances. Commissioner Wheeler suggested that sometime in the future, the strict criteria for variances should be revised and, maybe allow a catch all number nine for exceptional circumstances. Town Manager Thrasher advised that Urban Design Studio is in the process of revising the code to address multi - family districts individually. The study should be completed soon. a. VARIANCE to permit the replacement of a canvas awning with a permanent roof that will encroach from zero feet to a maximum of 4 feet into the required 25 foot rear setback (along the Intracoastal Waterway). Commissioner Wheeler moved and Commissioner Anderson seconded to deny the Variance based on a finding that all eight criteria have not been met. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; NAY. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a permanent patio roof on the west side, a portion of which will replace a canvas awning, and the addition of a 66 sq. ft. bathroom on the northwest corner of the existing Bermuda style home. Given that the Variance was not approved, no action was taken. VIII. Reports. A. Town Manager 1. RFP for Consulting Service for Employee Compensation Study Town Manager Thrasher reported that he prepared a draft request for proposals for consulting services for an employee compensation study. He asked if he could proceed with the RFP for the study and if the Commission had any questions or comments. Commissioner Wheeler apologized for not offering his input earlier. However, he would prefer the scope of service to suggest ways to improve the current compensation plan. Commissioner Anderson requested that an anonymous employee satisfaction Csurvey be included in the analysis. Mayor Koch commented that he does not believe that the study would be beneficial to the town. He referred to the study that was conducted several years ago. The Mayor did not believe the study was utilized by the town. Town Manager Thrasher stated that the study was very informative but he did not use the evaluation method they provided because he thought it was too complicated. He added that most municipalities perform this study every three to five years. Regular Meeting & Public Hearing November 17, 2006 Town Commission Page 5 Commissioner Wheeler moved and Commissioner Anderson seconded to approve the RFP for consulting service for employee compensation study with the suggested changes. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 2. Proposal to clear alley between Polo & Gulf Stream Rd. The Town Manager reported that he has received a proposal to clear the alleyway from Lakeview to Golfview (between Polo & Gulf Stream Road). The clearing includes removal of trees, coconut palms and Brazilian pepper trees. He added that he did receive proposals from other contractors but they were much higher and they only wanted to remove some of the trees due to complexity of the overhead utility lines. Commissioner Wheeler requested that the Brazilian pepper trees be completely removed. The Town Manager stated that he had verbal agreement with the contractor about poisoning the Brazilian pepper stumps. Commissioner Devitt moved and Commissioner Wheeler seconded to accept the proposal from Tree Trimmers and Associates to clear the alleyway from Lakeview to Golfview, (between Polo & Gulf Stream Road) with the change that the Brazilian pepper trees be completely removed or the stumps poisoned. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 3. Cost - effectiveness study of undergrounding electric lines Mr. Thrasher reminded that several months ago the town approved funding to join the Municipal Underground Utilities Consortium to pay for a study of the cost - effectiveness of undergrounding electric lines. The study was performed by PowerServices, Inc. and it indicated that the credit from FP &L to the municipalities to underground the electric lines should be 50.54 percent as compared to the 25 percent offered by FP &L. Power Services, Inc. will be presenting the result to the Public Service Commission for approval in December. He added that the Town of Palm Beach was very involved in the process by arranging bimonthly MUUC conference calls to the active participants. Town Clerk Taylor added that a lot of the data that was used for the study was supplied by FP &L. B. Architectural Review & Planning Board 1. Meeting Dates a. November 30, 2006 @ 8:30 A.M. c. December 28, 2006 @ 8:30 A.M. d. January 25, 2007 @ 8:30 A.M. e. February 22, 2007 @ 8:30 A.M. e. March 22, 2007 @ 8:30 A.M. Mayor Koch announced these dates. C. Finance Director 1. Financial Report for October 2006 The Town Manager asked that the financial report be accepted as submitted, if there were no questions. Regular Meeting & Public Hearing Town Commission November 17, 2006 Page 6 Commissioner Devitt moved and Commissioner Orthwein seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. D. Police Chief 1. Activity for October 2006 Chief Ward asked that the report be accepted as submitted, if there were no questions. Mayor Koch asked for an example of a traffic complaint and if there is a stop sign at the school's exit. The Chief explained that traffic complaint may be a variety of things like a blocked driveway. He confirmed there is a stop sign at the school's exit and his officers patrol the area. IX. Items for Commission Action. A. Ordinances 1. ORDINANCE NO. 06/08; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF GULF STREAM, AT CHAPTER 2, ADMINISTRATION, TO INCLUDE A NEW ARTICLE IV, INSURANCE PREMIUMS, TO MAKE AVAILABLE ALL PROPERTY INSURANCE PREMIUM TAXES COLLECTED FROM PROPERTIES WITHIN THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM AND PROVIDING THAT SAID TAX SHALL BE DUE AND PAYABLE TO THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FIRE - RESCUE SERVICES THAT DELRAY BEACH PROVIDES TO THE TOWN OF GULF STREAM IN ACCORDANCE WITH STATE STATUTES; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (emergency adoption on let reading) Town Clerk Taylor read Ordinance No. 06108 by title. Attorney Randolph explained that property insurance has an excise tax which goes towards pension plans. The legislature recently adopted new legislation which states that this excise tax can go to another municipality if there is an interlocal agreement where fire - rescue service is provided. In the past, Gulf Stream share has gone directly into the State's General Fund Revenues. Chief Ward added that if the town had the defined benefit plan, those funds would come directly to the town. Town Manager Thrasher stated that there would be no additional cost to the town residents. Commissioner Wheeler moved and Commissioner Orthwein seconded to adopt Emergency Ordinance No. 06/08 on first reading. There were no comments from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 2. ORDINANCE NO. 06/09; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA AMENDING CHAPTER 44, CONCURRENCY MANAGEMENT SYSTEM OF THE TOWN CODE OF Regular Meeting & Public Hearing Town Commission November 17, 2006 Page 7 ORDINANCES BY CREATING A NEW ARTICLE V TITLED "PROPORTIONATE FAIRSHARE PROGRAM", PROVIDING A MECHANISM TO ALLOW FOR PROPORTIONATE SHARE CONTRIBUTIONS FROM DEVELOPERS TOWARD TRAFFIC CONCURRENCY REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 44 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 0 SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (first reading) Town Clerk Taylor read Ordinance No. 06/09 by title. Attorney Randolph explained that the state requires that each municipality adopt the ordinance by December lee Commissioner Orthwein moved and Commissioner Devitt seconded to approve Ordinance No. 06109 on first reading. There were no comments from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Items by Mayor and Commissioners. 1. Potential eligibility for listing AlA in National Register of Historic Places -Mayor Koch Mayor Koch reported that State Road AlA has the potential eligibility for listing in the National Register of Historic Places. He added that if it is listed, the town may be eligible for additional funds for AlA. X. Public. There were no comments from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 10:15 A.M. Y onne E. Eckert, CMC OD puty Town Clerk PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Friday, December 8, 2006, at 9:00 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: GGORDINANCE NO. 06109; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 44, CONCURRENCY MANAGEMENT SYSTEM OF THE TOWN CODE OF ORDINANCES BY CREATING A NEW ARTICLE V TITLED "PROPORTIONATE FAIRSHARE PROGRAM", PROVIDING A MECHANISM TO ALLOW FOR PROPORTIONATE SHAE CONTRIBUTIONS FROM DEVELOPERS TOWARD TRAFFIC CONCURRENCY REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 44 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. The proposed ordinance noticed here is available to the public on weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 A.M. and 4:00 P.M. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 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. 286.0105, F.S.S. Publish: Palm Beach Post Date: November 28, 2006 G TOWN OF GULF STREAM, FLORIDA 71d4 /, , —j � z �. Rita L. Taylor, Tow6 Clerk ��e 0 yy C o a Q ��OD Li C a 0 c 0 ro a y 0 a c o" a 0 N s d O N c n J 3 o��crW`4c'wyyo �a . 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