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HomeMy Public PortalAbout11/13/2009MAYOR: 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 THE TOWN OF GULF STREAM ON NOVEMBER 13, 2009 COMMISSION CHAMBERS OF THE TOWN HALL, 100 SE A FLORIDA. AGRNDA November 5, 2009 BY THE TOWN COMMISSION OF AT 9:00 A.M. IN THE ROAD, GULF STREAM, I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of October 9, 2009. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Public Requests. A. Gulf Stream Civic Association - Robert Ganger, Pres. 1. Burying Power Cables 2. Florida Coalition for Preservation summer activities VII. Announcements. A. Regular Meetings and Public Hearings 1. December 11, 2009 @ 9 A.M. 2. January 8, 2010 @ 9 A.M. 3. February 12, 2010 @ 9 A.M. 9. March 12, 2010 @ 9 A.M. 5. April 10, 2010 @ 9 A.M. 6. May 8, 2010 @ 9 A.M. VIII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Paul H. Bach of BE Design Associates, Inc., agents for Robert H. Dudley, owner of property located at 995 Emerald Row, Gulf Stream, Florida, legally described as Lot 61, Place Au Soleil subdivision in Gulf Stream, Florida. a. DEMOLITION PERMIT to allow demolition of existing structures in preparation for construction of a new dwelling. b. LAND CLEARING PERMIT to clear building site. C. SPECIAL EXCEPTION to permit 230.72 sq. feet of covered unenclosed roof projection that exceeds the maximum permitted floor area ratio. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a two -story single family Spanish Mediterranean Revival style dwelling with two car garage consisting of 9,850.72 square feet and a swimming pool. IX. Reports. A. Town Manager B. Architectural Review & Planning Board 1. Minutes a. Public Hearing of 9 -29 -09 b. Public Hearing of 10 -22 -09 2. Meeting Dates a. November 19, 2009 @ 8:30 A.M. b. December 17, 2009 @ 8:30 A.M. c. January 28, 2010 @ 8:30 A.M. d. February 25, 2010 @ 8:30 A.M. C. Finance Director 1. Financial Report for October 2009 AGENDA CONTINUED D. Police Chief 1. Activity for October 2009 X. Correspondence. A. Resolutions adopted at 83rd Annual Conference August 15, 2009 by membership of Florida League of Cities XI. Items for Commission Action. A. Request for Construction Trailer @ 555 Palm Way -W. Wietsma B. Ordinances for Second Reading and Adoption 1. 009/5; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66,ZONING, AT ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 3, CARPORTS, GARAGES, STORAGE FACILITIES, BY INCLUDING A NEW SECTION 66 -384 WHICH WILL ALLOW FOR THE PLACEMENT OF TEMPORARY ROLL OFF STORAGE UNITS ON A PROPERTY FOR A PERIOD NOT TO EXCEED SEVEN DAYS SUBJECT TO THE PROPERTY OWNER OBTAINING A PERMIT FOR THE PLACEMENT OF SAID UNITS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 2. ORDINANCE NO. 009/6; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, AT ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT, BY AMENDING SECTION 2 -70 THEREOF TO INCLUDE A PROVISION AUTHORIZING THE IMPOSITION OF AN ADMINISTRATIVE FEE OF $150.00 IN THE EVENT OF A FINDING OF NON - COMPLIANCE IN ADDITION TO ANY FINE WHICH MAY OTHERWISE BE IMPOSED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 3. ORDINANCE NO. 009/7; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 26, OFFENSES, TO INCLUDE A NEW SECTION 26 -4, TITLED DISCHARGE OF FIREARMS, MAKING IT UNLAWFUL FOR ANY PERSON TO DISCHARGE A FIREARM WITHIN THE TOWN; RENUMBERING EXISTING SECTION 26 -4 TO 26 -5; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN O CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 4. ORDINANCE NO. 009/8; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES BY INCLUDING A NEW CHAPTER 35, TITLED PUBLIC UTILITIES TAX, IMPOSING A PUBLIC UTILITIES TAX EQUAL TO TEN PERCENT UPON THE CHARGE MADE BY THE SELLER THEREOF ON ELECTRICITY, METERED OR BOTTLED GAS PURCHASED IN THE TOWN;PROVIDING FOR COMPUTATION;PROVIDING AN EXCLUSION FOR FUEL ADJUSTMENT CHARGES; PROVIDING FOR THE DUTY OF SELLER TO COLLECT AND REMIT TAX; PROVIDING FOR MAINTENANCE OF RECORDS OF SELLERS; PROVIDING EXEMPTIONS FOR GOVERNMENTAL SERVICES; PROVIDING FOR DISPOSITION REVENUES; PROVIDING FOR VIOLATION PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION PROVIDING AN EFFECTIVE DATE. 5. ORDINANCE NO. 009/9; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 42, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, CONSTRUCTION STANDARDS, AT SECTION 42 -2 ADOPTING THE BUILDING CODES OF THE CITY OF DELRAY BEACH BY REFERENCE; PROVIDING FOR THE ISSUANCE OF PERMITS BY THE CITY Of DELRAY BEACH; PROVIDING FOR INSPECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFECTIVE DATE. AGENDA CONTINUED C. 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 O Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. (first reading) D. RESOLUTIONS 1. 009 -9; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009; PROVIDING AN EFFECTIVE DATE. 2. 009 -10; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE WATER FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009; PROVIDING AN EFFECTIVE DATE. E. Items by Mayor & Commissioners XII. Public. XIII. 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 N MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON NOVEMBER 13, 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 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 H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk Garrett Ward Police Chief John Randolph Town Attorney Robert W. Ganger, Pres. Town of Gulf Stream & Kristine de Haseth, Civic Association Exec. Dir. Elmar Benavente BE Design Associates William Wietsma William Wietsma Co. IV. Minutes of the Regular Meeting of October 9, 2009. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve the Minutes of the Regular Meeting of October 9, 2009. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda. VI. Public Requests. A. Gulf Stream Civic Association - Robert Ganger, Pres. 1. Burying Power Cables Robert Ganger, President of the Gulf Stream Civic Association, introduced himself and Kristine de Haseth, Executive Director of the Gulf Stream Civic Association and the Florida Coalition for Preservation, who worked with Mr. Ganger in gathering information for n their report about burying cables. He said the Civic Association's mission which was in place almost 50 years ago is to enhance the beauty, safety and economic well being of the community, and there have been a number of contributions thibugh the Civic Association to the community, especially the Holiday Fund, which recognizes the work of the Town. Mr. Ganger said the subject of burying cables came up a few years ago by several members during their annual meeting. He said they wanted to know if the Town of Gulf Stream was considering burying cables and, if not, they expressed that some of the neighborhoods would like to consider doing so on their own. Mr. Ganger said that Place Au Soleil has been done and Middle Road has buried cables out of their pocket. He Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 2 said there are other groups of residents, including Bob Burns and his neighbors who live between Polo and Gulf, who have raised money to find out what it would take to bury the cables in their area. Mr. Burns stated that 17 out of 19 homes between Polo and Gulf want undergrounding and are willing to pay for it themselves. Mr. Ganger said an article appeared in a newspaper several months ago O stating that Gulf Stream had applied for stimulus money to explore burying cables, which is when the Association realized that the matter may be on the table, and, as a result of the article, there were questions from the constituency about whether or not the Town will go forward with this project. He said that the Municipal Underground Utilities Consortium's (MUUC) recommendation is for municipalities to come together and petition the power commission to keep FP &L from discouraging residents from burying cables. Mr. Ganger said that the Civic Association put some money together to fund a portion of the Town's contribution to MUUC. He said FP &L had several concessions for burying cables, but they are realizing that burying cables is an option for communities, especially after Hurricane Wilma because of the enormous cost to repair lost and damaged lines caused by the storm and to restore power up and down the barrier islands. The Civic Association asked membership if they thought it would be a useful effort to engage in a preliminary study of undergrounding cable, explaining that if the Town of Gulf Stream was interested in the next step, the Association would participate further with the Town. Mr. Ganger said that the Civic Association made the investment for an informal study, wanting to know if undergrounding was a good idea, what it would cost and what could go wrong. He and Kristine de Haseth did all of the work, acting as consultants and asking the same questions any homeowner would ask. Mr. Ganger said they chose to study the recent experiences of Jupiter Island, which was in the process of completing the undergrounding of their entire community, Jupiter Inlet Colony, which was just about to commence undergrounding, and Palm Beach Island, which had done a lot of exploration and concluded that it was too complex and costly to move forward. He said, however, that there are active projects on Palm Beach Island at the neighborhood level to explore undergrounding. Mr. Ganger Csaid their sources were Mayor Falcone of Jupiter Island, who worked with the company that restored Gulf Stream's power after Wilma, Dan Comerford of Jupiter Inlet Colony, who went after this project with a vengeance, and the Executive Director of the Palm Beach Civic Association. Before his presentation, Mr. Ganger submitted a report to the Town Commission, along with aerial shots of a piece of Jupiter Island, which looks a lot like Gulf Stream Island, and Jupiter Inlet Colony in it's entirety, to show the differences in the topography and geography of the two municipalities. He said that Jupiter Island is about 9 miles long and Palm Beach Island is 12 miles long, but Palm Beach Island is heavily Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 3 concentrated with a lot of commercial space, unlike Jupiter Island, Jupiter Inlet Colony and Gulf Stream Island. Mr. Ganger stated that, despite protests, FP &L does not want to bury cables and it is obvious that they are being dragged into the process. He said FP &L wants to protect their formula against which their pay rates are determined, insisting that transformers be placed on private Cproperty through an easement, and then they capitalize on the easement. For example, he said, if a property is worth $1 million and FP &L calculates the easement to be worth $25,000, that is what appears on their balance sheet and they get an 11.9% return on their investment. Mr. Ganger said there are a lot of things a typical homeowner would not know about burying cable and, therefore, it is necessary to have a very knowledgeable and aggressive individual develop a plan and negotiate with FP &L. He said that homeowners overwhelmingly want to bury cables, but the process of execution and implementation is complicated and someone, or even a committee, must stay on top of the project through completion. Mr. Ganger attended a meeting in Delray, which was attended by all 6 Commissioners, where they were discussing burying cables and everyone was for it. Mr. Ganger advised them that the process is complex and not easy to execute and they would need assistance. Mr. Ganger said that the cost of undergrounding varies and changes daily, but the cost per pole mile, which is about $1 million, seems to be the common denominator. He reviewed the Comparative Analysis which he distributed to the Commission, highlighting the following points: 1. The Town of Gulf Stream has 3.5 road miles and 200+ poles (number of pole miles unknown), compared to Jupiter Island's 9+ pole miles and Jupiter Inlet Colony's 2.7 pole miles. 2. There is one transformer per building on Jupiter Island, which has relatively more houses, and there will be one transformer for every three buildings in Jupiter Inlet Colony. 3. The total cost to Jupiter Island, which is about 5 times larger than Gulf Stream with similar population, is about $9 million; the cost for Jupiter Inlet Colony, which is 40% the size of Gulf Stream, but more densely populated, will be less than $3 million. 4. Jupiter Island did a referendum for registered voters and a straw ballot for everyone else, with 90% for it, and Jupiter Inlet Colony did a similar vote with 90% for it. 5. Jupiter Inlet Colony may do a non -ad valorem assessment C) which will be a flat rate per household, and Jupiter Island is doing it as an Ad Valorem tax. 6. The costs are "all -in" and reflect replacement of all poles and burial of power, phone and cable lines from the street or right -of -way to the building meters as appropriate. Mr. Ganger mentioned a letter he received from FP &L apologizing for the recent power outages, which were both caused by a car hitting a tree and knocking out power at the pole. He pointed out the benefits of burying cables, such as the huge decrease in electrical storm damage, phone and cable equipment is significantly mitigated, there will no longer be a need to cut vegetation to protect lines and, due to new technology, the Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 9 quality of cables, conduits and transformers is more reliable than the overhead system. He added that routine power outages measured in interruptions lasting more than one second have been reduced by over 90% on Jupiter Island and, in addition, property values are generally higher when cables are underground because of improvements in reliability, safety and esthetics. Mr. Ganger said there is a lot of support for undergrounding and it would only have to be done on Gulf Stream Island since Place Au Soleil is already buried, but the question will be who will pay it and how? He said the Town could explore the possibility of getting stimulus money to offset the cost, but Jupiter Island did this by bond and Jupiter Inlet Colony did it by line of credit and, in both cases, there will be an assessment to residents to help repay the loans. He said, based on the experiences of Jupiter Island and Jupiter Inlet Colony, he believes burying overheads is desirable and affordable for the Town of Gulf Stream and the Civic Association would be willing to underwrite further feasibility studies or contribute to a consultant study if the Commission is willing to put the matter to a vote as soon as a practical plan is developed. Mayor Koch agreed that there is a lot of interest and the Town would like to consider undergrounding at least along AlA. He said he realizes that this is a big project and will take a lot of planning, and if the Town decides to go forward with a study, the Commission will work out a program. Vice -Mayor Orthwein asked what the cost would be to get started. Mr. Ganger said that a feasibility study could cost about $25,000 and, if the Town wanted to take the next step, the Civic Association would cover about one -half of the cost. Mayor Koch said that the Commission would not be voting on this matter at this meeting, but will take it under consideration in the near future. He expressed the Commission's appreciation for the ongoing efforts of the Civic Association and everything they have done for the Town. Town Manager Thrasher asked Mr. Ganger to confirm a statement in his report that the Civic Association would be willing to financially underwrite further feasibility studies or contribute financially to a consultant study if the Commission put the matter to a vote and developed a practical plan. Mr. Ganger confirmed that they would and the numbers would be determined based on the plan the Town developed, but all of their money comes from membership dues and they may have to contribute in installments. 2. Florida Coalition for Preservation summer activities Ms. Kristine de Haseth, Executive Director of the Florida Coalition for Preservation, introduced herself and stated that the Coalition was formed in March of 2007 when the Town of Briny Breezes was very high - profile and going through re- development. She said that the Coalition's current mission is to promote responsible development and that the State of Florida has a growth management policy which they are carrying out at the local level. Ms. de Haseth said that Briny Breezes is one of the densest communities. She said that Briny Breezes has just re- formulated and reinstated their Planning & Zoning Board and she has attended every Town meeting and Planning and Zoning meeting over the last few years, Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 5 voicing public comment on behalf of the Coalition and their membership, which is about 1,000+ people on the island from Delray to Manalapan and off the island. Ms. de Haseth said that Briny Breezes has submitted their preliminary EAR to the DCA, stating that there are 1,200 seasonal residents in their community, and their EAR proposes that they will grow to 1,750 over the next 10 years. She said the Coalition questions the seasonal population of 1,200 and the growth projection and asked Briny Breezes why they feel the need to grow. Ms. de Haseth said that Briny Breezes is in favor of self - development or redevelopment and is still up for sale. She closed her presentation by inviting the Commission and Town staff to come by their offices or contact them with any questions they may have. Mr. Ganger added that the Coalition is recognized by the Town of Briny Breezes and they are serious about their mission. VII. Announcements. A. Regular Meetings and Public Hearings 1. December 11, 2009 @ 9 A.M. 2. January 8, 2010 @ 9 A.M. 3. February 12, 2010 @ 9 A.M. 4. March 12, 2010 @ 9 A.M. 5. April 10, 2010 @ 9 A.M. 6. May 8, 2010 @ 9 A.M. Mayor Koch asked the Commissioners if they were aware of any conflicts in the meeting schedule. There were none. VIII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Paul H. Bach of BE Design Associates, Inc., agents for Robert H. Dudley, owner of property located at 945 Emerald Row, Gulf Stream, Florida, legally described as Lot 61, Place Au Soleil subdivision in Gulf Stream, Florida. a. DEMOLITION PERMIT to allow demolition of existing structures in preparation for construction of a new dwelling. b. LAND CLEARING PERMIT to clear building site. c. SPECIAL EXCEPTION to permit 230.72 sq. feet of covered unenclosed roof projection that exceeds the maximum permitted floor area ratio. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a two -story single family Spanish C) Mediterranean Revival style dwelling with two car garage consisting of 4,850.72 square feet and a swimming pool. Clerk Taylor read the application submitted by Paul H. Bach of BE Design Associates for Robert H. Dudley and asked if there were any Ex -parte communications prior to this meeting concerning this matter. Commissioner Anderson said that she spoke with Dr. Robert and Dr. Kristine Dudley. Clerk Taylor administered the oath to Paul Bach and Elmar Benavente. Mr. Benavente introduced himself and Paul Bach and displayed the artist's renderings of the proposed design. He stated that he met with Town staff to be sure he would come up with a design Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 6 that the Town would approve and believes it is a design that the Dudley's, their community and the Town will be very pleased with. He said that it is not a spec home for resale and that it was designed for the Dudley's and their family to live together forever. Mr. Benavente offered to answer any questions. Commissioner Wheeler pointed out the play area and a ring of landscape Omaterial that looks like a hedge and what type of hedge it will be. Mr. Benavente said it is a Coco Plum. Commissioner Anderson asked if the old dock will be removed and replaced with a new one. Mr. Benavente confirmed that. Commissioner Devitt asked about what looks like a rock sculpture near the swimming pool. Mr. Benavente said it will be a water slide surrounded by landscaping, making it a very private area that will not interfere with anyone's view. Commissioner Wheeler moved and Commissioner Devitt seconded to approve the Demolition Permit to allow demolition of existing structures in preparation for construction of a new dwelling. There was not discussion. All voted AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to approve a Land Clearing Permit to clear the building site. There was no discussion. All voted AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to approve a Special Exception to permit 230.72 sq. feet of covered unenclosed roof projection that exceeds the maximum permitted floor area ratio. There was not discussion. All voted AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the Level III Architectural /Site Plan based on a finding that the proposed two -story single family Spanish Mediterranean Revival style dwelling with a two car garage consisting of 4,851 sq. feet and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following five (5) conditions: 1. Prior to the issuance of a Certificate of Occupancy the owner of the property shall prepare and record a deed restriction which shall provide that all unenclosed roof projection areas as approved shall remain so for as long as the structure is in existence or exceeds the maximum O permissible FAR. 2. Prior to the issuance of a Certificate of Occupancy the owner of the property shall prepare and record a Gulf Stream Driveway Removal Agreement. 3. Any dock, boat and lifts will conform to the section 66- 469 in entirety. 4. Any minor modifications in the landscape plan shall be submitted to the Town manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 7 5. Plans to be submitted to Place Au Soleil Homeowners Association for review and comment prior to Public Hearing to be held by Town Commission on November 13, 2009. It was confirmed that the Place Au Soleil Board had no objections to this project. All voted AYE. Mayor Koch commented that it is a very nice house and wished them good Q luck. IX. Reports A. Town Manager The Town Manager stated that he had nothing to report, but asked for pre- authorization of the Mayor to work with the Town Manager, giving him the authority to direct staff to acquire an operating account at a new bank if it becomes necessary. He said that staff has been given the authority to move investment funds, but they have not asked for authority to establish a new operating account in the event it is necessary to do so. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to allow Mayor Koch to authorize the Town Manager to direct staff to acquire an operating account at a new bank if necessary. There was no discussion. All voted AYE. B. Architectural Review & Planning Board 1. Minutes a. Public Hearing of 9 -24 -09 b. Public Hearing of 10 -22 -09 There was no discussion. 2. Meeting Dates a. November 19, 2009 @ 8:30 A.M. b. December 17, 2009 @ 8:30 A.M. c. January 28, 2010 @ 8:30 A.M. d. February 25, 2010 @ 8:30 A.M. There was no discussion. C. Finance Director 1. Financial Report for October 2009 Town Manager Thrasher recommended that the Financial Report for October, 2009 be approved as submitted. Commissioner Anderson asked about the $1,500 payment on Page 6 of the report to the Palm Beach County Board of County Commissioners. Town Manager Thrasher said it is the fee the Town pays the County to use their Reverse 911 System. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve the Financial Report Cof October, 2009 as submitted. There was no further discussion. All voted AYE. D. Police Chief 1. Activity for October 2009 Chief Ward requested that the Activity Report for October, 2009 be accepted as submitted. Commissioner Wheeler commented on how consistent the activity is year to year. The report was accepted as submitted. X. Correspondence. A. Resolutions adopted at 83rd Annual Conference August 15, 2009 by membership of Florida League of Cities Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 8 Clerk Taylor explained the memorandum sent by the Florida League of Cities listing the federal, constitutional and commemorative resolutions which were adopted at its 63rd Annual Conference. She said that in the past the League of Cities has submitted this memorandum for our information and requests a letter from the municipalities in support of their decision to adopt these resolutions. Clerk Tayler noted that the Town has had 4 visits from the Census organization, has received documentation via FedEx, mail and hand - delivery and is a Census Partner. She asked if the Commission wished to show their support. Commissioner Wheeler commented that he is against the amendment that would require every amendment to a comprehensive plan to be subject to a vote of the respective electorate, which is the position of the League. The Consensus was to send a letter of the Town's support to the Florida League of Cities. Vice -Mayor Orthwein moved and Commissioner Wheeler seconded to send a letter to the Florida League of Cities showing the Town's support. There was no further discussion. All voted AYE. XI. Items for Commission Action. A. Request for Construction Trailer at 555 Palm Way - W. Wietsma Mr. William Wietsma appeared before the Commission requesting permission to place a temporary construction trailer at 555 Palm Way for a period of 6 months, beginning November 2, 2009. Mayor Koch disqualified himself from voting on this item and passed the gavel to Vice -Mayor Orthwein. Mr. Wietsma opened the floor to questions. Vice -Mayor Orthwein asked where it will be located. Mr. Wietsma said it will be 15 feet from Vice -Mayor Orthwein's property behind the hedge and said that the good thing about the construction trailer is that it allows him to have a full -time staff on site, who are on top of correcting any issues that arise. Vice -Mayor Orthwein asked if it would be up by the road and Mr. Wietsma said it will be perpendicular to the road. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the temporary construction Trailer at 555 Palm Way for a period of 6 months. B. Ordinances for Second Reading and Adoption 1. 009/5; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66,ZONING, AT ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 3, CARPORTS, GARAGES, STORAGE FACILITIES, BY INCLUDING A NEW SECTION 66 -384 WHICH WILL ALLOW FOR THE PLACEMENT OF TEMPORARY ROLL OFF STORAGE UNITS ON A PROPERTY FOR A PERIOD NOT TO EXCEED SEVEN DAYS O SUBJECT TO THE PROPERTY OWNER OBTAINING A PERMIT FOR THE PLACEMENT OF SAID UNITS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve Ordinance 009/5 passed on first reading on the 9th day of October, 2009. There was no discussion. All voted AYE. 2. ORDINANCE NO. 009/6; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, AT ARTICLE III, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT, BY AMENDING SECTION 2 -70 THEREOF TO INCLUDE A PROVISION AUTHORIZING Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 9 THE IMPOSITION OF AN ADMINISTRATIVE FEE OF $150.00 IN THE EVENT OF A FINDING OF NON - COMPLIANCE IN ADDITION TO ANY FINE WHICH MAY OTHERWISE BE IMPOSED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve Ordinance 009/6 passed on first reading on the 9th day of October, 2009. C There was no discussion. All voted AYE. 3. ORDINANCE NO. 009/7; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 26, OFFENSES, TO INCLUDE A NEW SECTION 26 -4, TITLED DISCHARGE OF FIREARMS, MAKING IT UNLAWFUL FOR ANY PERSON TO DISCHARGE A FIREARM WITHIN THE TOWN; RENUMBERING EXISTING SECTION 26 -4 TO 26 -5; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve Ordinance 009/7 passed on first reading on the 9th day of October, 2009. Commissioner Wheeler asked if his child could still use a bebe rifle in his backyard and Mayor Koch confirmed that it would be permitted on their private property. There was no further discussion. All voted AYE. 4. ORDINANCE NO. 009/8; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES BY INCLUDING A NEW CHAPTER 35, TITLED PUBLIC UTILITIES TAX, IMPOSING A PUBLIC UTILITIES TAX EQUAL TO TEN PERCENT UPON THE CHARGE MADE BY THE SELLER THEREOF ON ELECTRICITY, METERED OR BOTTLED GAS PURCHASED IN THE TOWN;PROVIDING FOR COMPUTATION;PROVIDING AN EXCLUSION FOR FUEL ADJUSTMENT CHARGES; PROVIDING FOR THE DUTY OF SELLER TO COLLECT AND REMIT TAX; PROVIDING FOR MAINTENANCE OF RECORDS OF SELLERS; PROVIDING EXEMPTIONS FOR GOVERNMENTAL SERVICES; PROVIDING FOR DISPOSITION REVENUES; PROVIDING FOR VIOLATION PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION PROVIDING AN EFFECTIVE DATE. Commissioner Devitt moved and Commissioner Anderson seconded to approve ^ Ordinance No. 009/8 passed on first reading on the 9th day of October, 2009. There was no discussion. Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Wheeler, NO; Mayor Koch, AYE. Ordinance No. 009 /8 was approved by a vote of 4 -1. 5. ORDINANCE NO. 009/9; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 42, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, CONSTRUCTION STANDARDS, AT SECTION 42 -2 ADOPTING THE BUILDING CODES OF THE CITY OF DELRAY BEACH BY REFERENCE; PROVIDING FOR THE ISSUANCE OF PERMITS BY THE CITY Of DELRAY BEACH; PROVIDING FOR INSPECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 10 CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFECTIVE DATE. Mayor Koch commented that using the City of Delray for permitting and inspections will be more convenient for the Town. Commissioner Devitt said he thought this was a great move and Mayor Koch agreed. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve Ordinance No. 009/9 passed on first reading on the 9th day of October, O 2009. There was no further discussion. All voted AYE. C. 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. (first reading) Mayor Koch asked Mr. Randolph to review the ordinance prior to a vote. Mr. Randolph said that, at the last meeting, he presented a draft ordinance and the Commissioners reviewed the draft and chose the criteria they wanted to include, and this ordinance is limited to that criteria. Mr. Randolph said that the driver's license requirement was taken out for the draft, but was put back in as a part of a provision in this ordinance and the remainder of that provision relates to safety equipment, requiring headlights, taillights and turn signals if operating a golf cart at night. He said that the other provisions relate to number of passengers /seats, standing, towing, children in laps and a provision stating that golf carts that exceed the speed of 20 MPH will be considered a motor vehicle and will be cited under the Motor Vehicle Code. Vice -Mayor Orthwein asked about golf carts without a tag. Commissioner Devitt asked about standing on golf carts that have a tag. Chief Ward said that golf carts only capable of going less than 20 MPH do not have to be registered and golf carts that are capable of going 20 MPH or more are considered motor vehicles. He said the traffic statutes address safety and other issues on golf carts that are registered motor vehicles so all issues will be covered under one law or the other. Commissioner Devitt, regarding limiting the number of seated passengers, asked if everyone is seated, can there be 3 or 4 passengers on a seat if they fit? Chief Ward said yes. Commissioner Devitt asked about Ochildren sitting laps and wanted to know if the Town will encourage drivers to have children sit on the seat next to them. Chief Ward said that a driver or passenger should hold on to a child sitting on the seat next them. He said, it does not make sense to allow activities that are prohibited by State Statute for ordinary motor vehicles and a golf cart that can move at 20 MPH or more, which is a motor vehicle. Chief Ward said that if a golf cart and another motor vehicle, each travelling at 20 MPH, were to have a collision, a child sitting on someone's lap would be airborne. Vice -Mayor Orthwein said that the conditions set forth in the ordinance will help control the safety issues. Commissioner Wheeler said it should be a parental decision as to where the child sits on a golf care, but suggested that the Town allow children to sit on a Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 11 passenger's lap. Mayor Koch asked Mr. Randolph if other communities had such a regulation. Mr. Randolph said that Chief Ward has explored communities in other parts of the State that have regulations such as these, but the communities he represents do not have all of these regulations. Mr. Randolph recommended that Paragraph (b)(4) be amended to read, O "Children are prohibited from sitting in the driver's lap while a golf cart is in motion" and strike "or other passengers ". Vice -Mayor Orthwein moved to approve Ordinance 009/10, amending Paragraph (b)(4) to read, "Children are prohibited from sitting in the driver's lap while the golf cart is in motion ", striking "or other passengers ". There was no second. Vice -Mayor Orthwein asked if the Town would be liable in the event of an incident and Mr. Randolph said they would not. Clerk Taylor said that she had two recent complaints from residents with children about towing and too many children riding on a cart. Commissioner Devitt brought attention to the driver's license requirement and wanted to know how these regulations will be enforced. Chief Ward said that the ordinance gives a basis for enforcement and Vice -Mayor Orthwein said it will give officers an opportunity to talk with parents and children who operate golf carts irresponsibly. Chief Ward said that the School prohibits children from operating golf carts in an unsafe manner on School property. Commissioner Wheeler supports prohibiting irresponsible behavior, but feels that an unlicensed, responsible 15 year old should be allowed to operate a golf cart. Mr. Randolph said that the driver's license requirement was an existing regulation, but the draft ordinance presented at the last meeting did not include the driver's license requirement and the consensus of the Commissioners was to put it back in. Vice -Mayor Orthwein was concerned with removing the requirement because of irresponsible behavior of children operating golf carts. Commissioner Wheeler stated that are other regulations in the ordinance to control those issues. Commissioner Wheeler moved to approve Ordinance 009/10, amending Paragraph (b) by striking "Golf cart operators must be in possession of a valid driver's license" and amending Paragraph (b) (4) to read, "Children are prohibited from sitting in the driver's lap while the golf cart is in motion ", striking "or other passengers." Clerk Taylor asked if faster carts, classified as motor vehicles under State Statue, must be registered, and will the driver be required to possess a driver's Olicense. Chief Ward confirmed that, and said that State Statute describes a golf cart as a motor vehicle designated and manufactured for operation on a golf course for sporting and recreational purposes and not capable of exceeding speeds of 20 MPH, which is the vehicle targeted in our ordinance. He said that if a cart goes over 20 MPH, it must be registered and operators must possess a driver's license and the age limit varies according to category. Commissioner Devitt seconded the motion to pass Ordinance 009/10 as amended on first reading this 13th day of November, 2009. Mr. Ganger said he supports the ordinance, but commented that this may become a bigger issue in the future with some dealers offering a $3,500 rebate after the purchase of an electrical Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 12 cart and 14 year olds and up will want one and you will see more of them in Town. There was no further discussion. All voted AYE. D. RESOLUTIONS 1. 009 -9; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009; PROVIDING AN EFFECTIVE O DATE. Clerk Taylor read the title of Resolution 009 -9, presented for adoption this 13th day of November, 2009, providing for the following reappropriations to be made: (1) An increase in PD Fuel of $10,000; (2) an increase in the Fire Contract of $4,000; and, (3) a decrease in the Unreserved Fund Balance of $14,000. Commissioner Wheeler asked if the Town would be taking money out of reserves to pay for an increase in the budget only 30 days into approval. Clerk Taylor said that this is for a 2009 accounting adjustment. Commissioner Wheeler moved and Commissioner Anderson seconded to pass Resolution 009 -9 this 13th day of November, 2009. There was no further discussion. All voted AYE. 2. 009 -10; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE WATER FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009; PROVIDING AN EFFECTIVE DATE. Clerk Taylor read the title of Resolution 009 -10, presented for adoption this 13th day of November, 2009, providing for the following reappropriations to be made: (1) An increase in Depreciation of &57,500; (2) an increase in Water- Commodity Charge of $7,500; and, (3) a decrease in Unreserved Retained Earnings of $65,000. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to pass Resolution 009- 10 this 13th day of November, 2009. E. Items by Mayor & Commissioners There were no items. XII. Public. Mr. Paul Cairo, a new resident on Polo Drive, stated that he and his wife have two children and his purpose for attending the meeting was the golf cart issue because he believes improper use can be dangerous for children. He said he did not comment during the discussion because he did not realize he could participate, but he felt that the compromise allowing children to sit on a passenger's lap was a solution. Mayor Koch said there are many opportunities for the public to participate and Mr. Randolph said that as agenda items come up, the public has an opportunity to comment during the discussion. Commissioner Devitt said that the Town holds budget hearings each year and the public should attend. Commissioner Wheeler said it would be refreshing to have residents attend meetings and give their input. Mr. Cairo stated that he was against tax increases and it would be difficult for him to support an increase or assessment without knowing the facts. He asked about the Utility Tax and Mr. Randolph explained that the Utility Tax is not a tax increase. Commissioner Wheeler explained that Gulf Stream is one of the few municipalities that never had a Utility Tax and passing it does not raise property tax. He added that Gulf Stream is the only municipality that did not move millage to roll back rate. Mr. Wheeler said he did not support the Utility Tax, but he K N Regular Meeting and Public Hearing Town Commission - November 13, 2009 Page 13 explained that the Town believed it would be in their best interest to put the tax in place before the State says it can no longer be done. Mr. Ganger commented on the Florida League of Cities' Resolution opposing Amendment 4 on the 2010 General Election Ballot which proposes an amendment to the Florida constitution requiring that every amendment to a city's or county's comprehensive plan be subject to a vote of the respective city's or county's electorate. He suggested that the Town include a comment in their letter of support to the League as to whether they are for or against a proposed constitutional amendment sponsored by Florida Hometown Democracy, Inc., which will be placed on the 2010 general election ballot as Amendment 4. XIII A. M. Adjournment. The meeting was adjourned at approximately 10:35 Administrative Assistant FORM 811 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME— MIDDLE NAME I NAME OF HOARD. COUNCIL, COMMISSION, AUTHORITY. OR COMMITTE1 KOCH, WILLIAM F. JR; TOWN COMMISSION 11LING ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COI WHICH I SERVE 15 A UNIT OF: 545 Golfview Drive XCIIY COUNTY OTHER LOCAL AGENCY rY COUNTY NAME OF POLITICAL SUBDIVISION: ulf Stream Florida Palm Beach Town of Gulf Stream ,IE ON WHICH VOTE rX'r'URREO MY POSITION Is: :X ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fora: before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inure! to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the specia gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure or which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure whict inures to his special private gain. Each local officer also is prohibited frorb knowingly voting on a measure which inures to the pecial gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but mus disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whethe made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICF THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible fo recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest IF YOU 'MAKE, NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: o'You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording;theminutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I William F. Koch, Jr. hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or November'13, 2009 -,v;.- inured to the special gain of William F. Koch Jr. Real -. , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: u The real estate agency with which I am associated participated in the sale of the property located at 555 Palm Way, Gulf Stream, FL. The Agent /Architect /Contractor for this project, William Wietsma, applied ,;for- approval to place a construction trailer on this property. The - decision rests with the Town Commission which I am a member of. 11 -13 -09 _ Date Filed I Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),-A 'FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY-ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND,AR A CIVIL PENALTY NOT TO EXCEED $5,000. -_E FORM 13. I0-16 PAG 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 11, 2009 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: 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 SECTION 30 -1 RELATING TO OPERATION OF GOLF CARTS ON TOWN STREETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE. 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. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting, because of disability or impairment, should contact the Town Clerk, 561 - 276 -5116 at least five (5) days prior to the hearing in order for the Town to reasonably accommodate the request. 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 TOWN OF GULF STREAM, FLORIDA Date: December 30, 2009 Rita L. Taylor, Town Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising fora Notic e in the matter of Ordinance 009/10 was published in said newspaper in the issues of November 30, 2009. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. Sworn to and subscribed before 301" day of November, A.D. 2009. Who is personally known to me. NOTARY PUBLIC-STATE OF FLORIDA r' " " °*, Karen M. McUnton :Commission #DD332672 iF Expires: NOV.15, 2012 BOSDY.a rtrno An.+.vnc PONDUir COL, 1NC. C`