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.
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