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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 9:02 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Koch. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating Joan K. Orthwein Vice -Mayor Muriel J. Anderson Commissioner Chris D. Wheeler Commissioner Fred B. Devitt, III Commissioner Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk Garrett J. Ward Police Chief John Randolph Town Attorney Randall Stofft Agent for Erbstein of Randall Stofft Architects Stephanie Portus Landscape Architect of Krent Wieland Design, Inc. Danny Brannon of Brannon Consultant & Gillespie, LLC IV. Minutes of the Regular Meeting of July 9, 2010. Commissioner Anderson moved and vice -Mayor Orthwein seconded to approve the Minutes of the Regular Meeting of July 9, 2010. There was no discussion. All voted AYE. V. Additions, withdrawals,_ deferrals, arrangement of agenda items. Mr. Thrasher stated that Item IX.D.2., Ordinance 010 -2 is withdrawn from the Agenda. Clerk Taylor stated that Item VIII.A.l., Undergrounding Update, is added to the Agenda. Clerk Taylor also made one correction to Item IX.E, which should read "Declaration of Unity of Title for 582 Palm Way," not 582 Polo Cove. She said Polo Cove is the subdivision and the documents are correct. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 10, 2010 @ 9 A.M. 2. October 8, 2010 @ 9 A.M. 3. November 12, 2010 @ 9 A.M. 4. December 10, 2010 @ 9 A.M. 5. January 14, 2011 @ 9 A.M. 6. February 11, 2011 @ 9 A.M. Commissioner Anderson stated that she would not be present for the September 10`h meeting. Commissioner Wheeler asked if there should be two meetings listed for that date. Clerk Taylor made the correction stating that on September 10, 2010, the Regular Meeting will be held at Regular Meeting and Public Hearing Town Commission - August 13, 2010 Page 2 4:00 P.M. and the Public Hearing will be held at 5:01 P.M. She also stated that the second Public Hearing for the adoption of the Budget is scheduled for September 21, 2010 at 5:01 P.M. and should be added to the meeting schedule. VII. PUBLIC HEARING. A. Applications for Development Approval G1. An application submitted by Randall Stofft Architects as agent for Howard and Bonita Erbstein, owners of the property located at 3288 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lot 28 Gulf Stream Properties and the north 50' of Lot 27, for the following: a. LAND CLEARING PERMIT to clear the building site and replace and relocate other trees and plants as listed. b. SPECIAL EXCEPTION to permit 282 sq. ft. of covered unenclosed roof projection that exceeds the maximum permitted floor area ratio. C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to demolish existing structures and construct 3 Gulf Stream Bermuda structures, 6,605 sq. ft. two -story dwelling with attached garage, 381 sq. ft. guest house, and 381 sq.ft. detached garage and a swimming pool. Mr. Thrasher said that this is an Application for Development submitted by Randall Stofft Architects as agent for Howard and Bonita Erbstein at 3288 Gulf Stream Road for a Land Clearing Permit, Special Exception and Level III Architectural /Site Plan Review. He asked if there were any ex -parte communications concerning this matter. Commissioner Devitt stated that he used to own the house and had ex -parte communications with Tom Smith and Charles Frankel, both members of the ARPB, and Bob Souaid. Mayor Koch said it is a shame to see the house being demolished because it was the first house built in the Core area while all of the other homes were along AIA. He said at one time an heir to the Russian Romanoffs, Prince Romanoffsky- Llyinsky, lived in the home with his girlfriend and hosted many parties. Clerk Taylor administered the oath to Randall Stofft of Randall Stofft Architects and to Stephanie Portus, Landscape Architect with Krent Wieland Design, Inc. Randall Stofft briefly reviewed the plans stating that it is a beautiful site. He said they wanted to create nicely composed facades on both streets, with single story elements on each C side of the 2 -story structure to blend in with the single story homes on either side of the property. He said the house is nicely framed with a very large tree which was existing on the property and additional trees and hedges. Mr. Stofft said the Erbsteins wanted a beautiful backyard and garden area which will be framed by the house and the single story pavilion. He said there were a few minor issues that were resolved at the July ARPB Meeting. Mayor Koch asked how many garages there are. Mr. Stofft said there are 3 garages on the side and another structure which sits back about 100 feet with a garage and cabana storage. Regular Meeting and Public Hearing Town Commission - August 13, 2010 Page 3 Commissioner Wheeler moved and Commissioner Anderson seconded to approve the Demolition and Land Clearing Permit. There was no further discussion. All voted AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the Special Exception to permit 282 SF of roof projection that exceeds Cthe maximum permitted FAR by 282 SF with the following condition: 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 roof projection and unenclosed covered areas shall remain so for as long as the structure is in existence or exceeds the maximum permissible FAR. There was no further discussion. All voted AYE. Commissioner wheeler moved and Commissioner Devitt seconded to approve Level III Architectural / Site Plan based on a finding that the proposed demolition of the existing structure and the construction of a Bermuda style, partial two story single family dwelling consisting of 6,605 SF with attached garage, 381 SF guest house and 381 SF detached garage and a swimming pool meets the minimum intent of the Design manual and applicable review standards with the following 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 roof projection and unenclosed covered areas shall remain so for as long as the structure is in existence or exceeds the maximum permissible FAR. 2. Prior to a certificate of occupancy a Gulf Stream Driveway and Removal Agreement will be signed by the owner and will be recorded by the Town. 3. All exterior painting colors will conform to the Gulf Stream Code. 4.If not already, electric service lines shall be buried. There was no further discussion. All voted AYE. Commissioner Anderson said she read the minutes of the July ARPB meeting and complimented everyone on how hard they worked to get this project approved. Mr. Stofft introduced Mr. Erbstein, the owner of the property, and he thanked the Commission. VIII. Reports. C A. Town Manager 1. Undergrounding Update - Danny Brannon of Brannon and Gillespie, LLC Mr. Thrasher introduced Danny Brannon of Brannon & Gillespie, LLC, the consultant firm hired by the Town to assess the process for the overhead utility undergrounding project. He asked Mr. Brannon to attend the meeting to summarize their findings and answer questions. Mr. Brannon provided a hard copy of presentation which was distributed to the Commissioners prior to calling this meeting to order. Regular Meeting and Public Hearing Town Commission - August 13, 2010 Page 4 Mr. Brannon said he will bring the Commission up to date on their progress and briefly summarize some of the issues they will be facing in the future. The consultants developed a budget projection for the project and Mr. Brannon verified that the project opinion cost ($4,642,434.92) has not changed. Mr. Brannon said the next step was to develop an assessment methodology for which the Town contracted with OWilldan Financial Services. He explained that assessment methodology is basically looking at a function of special benefits and identifying them with each parcel. Mr. Brannon said the parcels are identified by type of use and, in Gulf Stream, they are looking at single family, multi- family, non residential. Willdan Financial Services has gone through the Town and developed about 550 parcels that the property appraiser categorizes as an individual parcel and identified the benefits to each parcel. They have been identified relative to: safety, such as lines falling on a property or blocking access; reliability, such as the possibility of a power outage; and, aesthetics, such as lines becoming a visual distraction. He said Willdan is very well versed in this work and their process has been used all over the Country. Mr. Brannon said that Willdan completed their assessment and Brannon and Gillespie has their database which they will use to verify costs. He said the benefit to the Town's undergrounding will be less for parcels having existing underground and adjustments will be made for those parcels. His firm is going through the database and will develop the variations of cost, hoping to complete this process within a couple of weeks so that Willdan can complete their report on assessment methodology. Mr. Brannon said they just completed this process for Jupiter Inlet Colony and will be going out to the residents to take a vote on their underground project. He said the next topic of discussion for Gulf Stream will be about the process they prefer for project approval. He will have discussions with Mr. Thrasher and come back to the Commission with information concerning the matter. Commissioner Anderson asked if it will be by straw ballot. Commissioner Wheeler said that the Commission will have to make the decision as to how the Town will proceed with approval. Mayor Koch said he would like the residents to have all of the facts, the Town will probably hold a public meeting where Mr. Brannon and his team will be able to answer questions and then residents will be asked to vote. Mr. Brannon said that Jupiter Inlet Colony recently invited their residents to an informational meeting where the Commission established that they would undertake the project with a simple majority of yes votes and it would be totally dependent upon the voters. He said when it went to a vote on Jupiter Island, which is mostly single family residential, residents were told they would have ad valorem assessments and the vote was 96% in favor. Mr. Brannon said that Jupiter Inlet Colony will be non -ad valorem, which will probably be the case in Gulf Stream due to the variation in parcel classifications, but each resident will know what their cost will be prior to voting. Mayor Koch asked Mr. Brannon when the information will be ready to distribute to residents. Mr. Brannon said that Willdan Financial Services will have the Regular Meeting and Public Hearing Town Commission - August 13, 2010 Page 5 information they need to complete their report in about two weeks and estimated that it would be 2 - 4 weeks before their report will be available. Vice -Mayor Orthwein mentioned that it would be a while before the majority of residents would be back in Town. Mr. Brannon said it would take 2 - 4 weeks to develop the ballot structure. Commissioner Wheeler asked if the County would see this as an ^ opportunity to raise taxes. Mr. Brannon said he has seen nothing like that on record so far. After the approval process, the next step will be to obtain basic surveys of street rights -of -way property lines, existing utilities, driveways, sidewalks and structures to use as a base for detailed engineering designs. Mr. Brannon said he discussed this with Mr. Thrasher and they anticipated the cost for the surveys would be between $20,000 and $40,000. His firm approached three different companies for proposals and the cost was twice that amount. Mr. Brannon said his firm felt that the scope of work was more than they anticipated so they called some of the companies to ask why. The feedback was that some companies do not have the plats, property constrictions, controls or the records experience in the community to keep the price down. He said what they typically do in this case is develop a pool of 3 or 4 survey companies and piece meal the work out in a competitive manner to the pool, which has been very successful with both landscape and survey work. Mr. Brannon said that his firm has provided the Town with a draft of the RFP and will get that out as soon as the Town approves. Mr. Thrasher said he informed the Commission in a previous meting that the Town was going forward with the survey. However, that was when he thought the cost was within the amount already appropriated. He said he has had conversations with Mr. Brannon and was informed that there will be additional costs for a scope of work and an official RFP process. Mr. Thrasher said the Town does not have to do the surveying at this stage and can do the approval process first before expending additional money. Mr. Brannon said the surveying cost would be about $100,000.00. Mr. Thrasher explained that it includes the four phases of surveying which are listed in the handout. Mayor Koch said he wanted to be sure that all costs are included in the information provided to the residents and that there are no surprises. Mr. Brannon briefly explained that FPL has made a policy decision to not let an applicant's contractor do primary cable terminations. He said C that the tariffs filed with the Florida Public Service Commission provide that the applicant may perform part or all of the underground facilities, but this is an FPL management- driven mandate which has not yet been challenged and will become an issue concerning efficiency and cost effectiveness. Mr. Randolph asked Mr. Brannon if this is a new position by FPL since the Jupiter Island project was completed. Mr. Brannon said his company did everything in Jupiter Island and this is a new FPL position. He said the crews they hire for this type of construction are FPL approved as far as insurance, training and safety practices and these crews include workers that are on FPL's switching list, which means that than can call dispatchers and execute switching orders. Vice -Mayor Orthwein asked if there are ways to get around this Regular Meeting and Public Hearing Town Commission - August 13, 2010 Page 6 or challenge it. Mr. Brannon said he believes it will be challenged and it could be Jupiter Inlet Colony, the Town of Gulf Stream or MUCC who challenges them. Mr. Thrasher asked if MUCC is aware of this situation and Mr. Brannon said it has not yet been sent out to them. Mr. Brannon said another issue is that FPL continues to reduce staff, O which has resulted in a slower and longer response time. He said his firm provided a binding cost estimate deposit to FPF at the beginning of June for a very small project. FPP did not assign an engineer for that project until July 11`h. Mr. Brannon said it will take about 6 months to develop a binding cost estimate and about 6 months to get cost estimates from FPL, but they are getting good response from Comcast and AT &T. Commissioner Devitt asked about assessing each homeowner for these improvements and wanted to know if a cost range is available yet for those who have everything in place for undergrounding versus those that do not. He asked if the assessment could be between $8,000 and $30,000. Mr. Brannon said that the average cost could be around $15,000 or maybe a little more or less, but the cost for those who already have undergrounding will be about half that amount or less. Mayor Koch asked which power lines will remain on poles. Mr. Brannon said the lines north of The Little Club and south of Pelican because they are out of the Town limit. He said there will be 7 or 8 switch cabinets which will provide fuse locations for loops that will reach out in both directions along A1A. Mayor Koch asked if the wiring will be deep enough so they do not interfere with the Australian Pines and Mr. Brannon confirmed that. B. Architectural Review & Planning Board 1. Meeting Dates a. September 23, 2010 @ 8:30 A.M. b. October 28, 2010 @ 8:30 A.M. c. November 18, 2010 @ 8:30 A.M. d. December 16, 2010 @ 8:30 A.M. C. Finance Director 1. Financial Report for July 2010 Mr. Thrasher requested that the Financial Report for July 2010 be approved as submitted. Commissioner Anderson inquired about a $98.00 payment to Bob's Quick Print which is on Page 5 of the Report. Clerk Taylor explained that the payment was for a combination of printing jobs, including business cards for the Police Department and Building Permit Receipts. Commissioner Devitt asked Mr. Thrasher if there was a page in the Report that would show where we are in this year's budget. �4 Mr. Thrasher said the General Fund is on Page 2 which indicates that we have collected 91% or our expected revenue and we have spent 78% of what we anticipated in expenditures. He said we would typically have spent 83% of anticipated expenditures at this point, but we are below that. Commissioner Devitt asked Mr. Thrasher if there was something coming up that he expects to spend the extra 5% on before the end of the Fiscal Year. Mr. Thrasher said there is. He said any expenditure the Town has that is un- appropriated would still be classified in a manner that fits the budget. He added that he would prefer to put money into the fund balance rather than go over budget based on the appropriation amounts. Commissioner Devitt asked for the amount of the fund balance and Mr. Thrasher said it was $1.3 or $1.4 million. He said although it was Regular Meeting and Public Hearing Town Commission - August 13, 2010 Page 7 anticipated that we would take money from the fund balance, we have not done so as of this date. Commissioner Devitt moved and Commissioner Anderson seconded to approve the Financial Report for July 2010. There was no further discussion. All voted AYE. 2. Water Usage as of July 31, 2010 Mr. Thrasher said the amount of water usage which the Town cannot bill out is 2.6 %. Commissioner Wheeler asked what the amount was before repairs were made. Mr. Thrasher said it was in the teens. He said the Town is still opening the hydrants for flushing and to maintain the proper amount of chlorine residual levels throughout the system and we cannot bill that out. Considering these factors, the 12 -month average is 2.6 %. Commissioner Wheeler asked Mr. Thrasher if he could provide an analysis of how long it will take to pay for the repairs if we continue at the same rate of savings. Mr. Thrasher said he would prepare an analysis. D. Police Chief 1. Activity for July 2010 Chief Ward asked that the Activity Report for July 2010 be accepted as submitted. The Report was unanimously accepted. IX. Items for Commission Action. A. Appointment of Alternate Member for ARPB 1. Letter of interest -Bill Coleman Clerk Taylor stated that the Town received a letter of interest from Mr. Bill Coleman who would like to be appointed as an Alternate Member of the Architectural Review and Planning Board. The letter was included in the Commission packet. Commissioner Devitt asked if Mr. Coleman was in town all year. Mayor Koch said he would be in Town for all but one month each year. Vice -Mayor Orthwein moved and Commissioner Wheeler seconded to appoint Bill Coleman as an Alternate Member of the Architectural Review and Planning Board. There was no further discussion. All voted AYE. B. Proposed Agreement for Actuarial Services - Foster & Foster, Inc. Mr. Thrasher said that staff is asking the Commission to approve a contract with an Actuarial that will perform services as it relates to retirement benefits for Town retirees. He explained that by state law we must offer the option to our employees to purchase our health insurance upon retirement and all governments are required to do that. The recent GASB Rule 45 requires that even though there may be no one /1 exercising the option to take part in the insurance, there is an intangible cost with a possible liability and it has to be calculated. If we do not do it, we will not receive a clean opinion on our audit. He said it is another unfunded mandate and we have been advised by our Auditor that for a smaller municipality the Rule takes affect this year. Commissioner Wheeler asked what the downside would be if the Auditor states that he has audited everything, but the Town did not abide by GASB 45 and, therefore, he does not know if our unfunded health care is in line. He also asked if we need someone to audit our unfunded health care if no one has taken the option. Mr. Thrasher said it is a policy decision, but if we have an unclean opinion there may be some negative affect or connotation and, therefore, it would be his recommendation to Regular Meeting and Public Hearing Town Commission - August 13, 2010 Page 8 do this. Commissioner Wheeler said it would not bother him if our Auditor stated that the Town did not abide by GASB 45 and did not have a clean opinion. Mayor Koch agreed. Commissioner Devitt asked Mr. Thrasher if this item could be tabled until the next meeting and if he could find out what the downside would be if the Town did not do this. Mr. Thrasher said the downside would be having a qualified opinion that is not a clean opinion, and anyone looking at our financial statements will see that disclosure and question the integrity of those statements. Commissioner Wheeler asked Mr. Thrasher to have the Auditor show us the disclaimer sentence they would write in the Audit if we did not do this. Mr. Randolph said he must go along with Mr. Thrasher's recommendation. However, he said he feels the liability is limited and does not believe the Statute carries any liability with it, and it may be limited to exactly what Commissioner Wheeler has indicated. Mr. Thrasher said the cost is $3,650 over three years and it is an annuity. Mayor Koch said they will table this item until the Auditor provides some answers. Everyone was in agreement to table the matter. C. Proposed Agreement for Auditing Services- NoWlan, Holt, Miner Mr. Thrasher said that our contract with our Auditors, Nowlen, Holt & Miner, P.A. will expire on September 30, 2010 and this agreement is a continuation of their services through the year 2013. He said Mr. Randolph has reviewed the contract for legal sufficiency and the Auditor has not added to the contract fee. Commissioner Wheeler moved and Commissioner Anderson seconded to accept Mr. Thrasher's recommendation to renew the contract for Auditing Services with Nowlen, Holt & Miner, P.A. There was no further discussion. All voted AYE. D. Ordinances 1. ORDINANCE 010 /1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 58, PLANNING AND DEVELOPMENT ARTICLE VI, LAND CLEARING, SECTION 58 -138, SO AS TO EXEMPT PRIVATE CLUBS WITHIN THE TOWN WHICH MAINTAIN PRIVATE GOLF COURSES FROM THOSE PROVISIONS OF SECTION 58 -138 WHICH REQUIRE PERMITS FOR REMOVAL AND REPLACEMENT OF TREES AND FILL; AMENDING CHAPTER 66, ZONING, ARTICLE V, SITE PLANS, SECTION 66 -141, APPLICABILITY, SO AS TO EXEMPT PRIVATE CLUBS WITHIN THE TOWN WHICH MAINTAIN PRIVATE GOLF COURSES FROM THOSE PROVISIONS OF SECTION 66 -141 WHICH REQUIRE SITE PLAN REVIEW FOR REMOVAL AND REPLACEMENT OF TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (first reading) Clerk Taylor read the Ordinance title. Commissioner Devitt asked if this Ordinance provides that clubs will have to come to the Town for the removal and replacement of trees. Mr. Randolph said this Ordinance has been amended to provide that clubs would only be required to come to the Town if the trees being removed and /or replaced are within the perimeter where they can be seen by neighboring residents. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve Ordinance 010 -1 as amended. There was no further discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - August 13, 2010 Page 9 2. ORDINANCE No. 010 -2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 70 -187, TO PROVIDE FOR THE REQUIRED SCREENING OF FENCES FROM PUBLIC AND PRIVATE ROADWAYS AND TO PROHIBIT SPECIFIC TYPES OF FENCING; AMENDING, AT SECTION 71 -4, SITE DEVELOPMENT REGULATIONS FOR THE GULF STREAM DESIGN MANUAL FOR RM WEST j AND RM EAST MULTIPLE- FAMILY RESIDENTIAL DISTRICTS, TO INCLUDE NEW LOT COVERAGE AND BUILDING SEPARATION REQUIREMENTS; AMENDING, AT SECTION 71 -7, MULTIPLE- FAMILY RESIDENTIAL DESIGN GUIDELINES, TO INCLUDE REQUIREMENTS FOR FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.(second reading & Adoption) This item has been withdrawn from this Agenda. E. Declaration of Unity of Title for 582 Palm Way Clerk Taylor said she distributed a map highlighting what they would like to unify. Commissioner Devitt said it was the seawall strip. Clerk Taylor said it has always been under the same ownership but there have been two separate tax bills. vice -Mayor Orthwein moved and commissioner wheeler seconded to approve the request to unify the title of the property. There was no further discussion. All voted AYE. F. Items by Mayor & Commissioners. There were no items by the Mayor or the Commissioners. X. Public. There were no public items. XI. Adjournment. Being no further business, Mayor Koch adjourned the meeting at approximately 10:00 A.M. Gail C. Abbale Administrative Assis Cl 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, September 10, 20010, 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 010 /1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 58, PLANNING AND DEVELOPMENT ARTICLE VI, LAND CLEARING, SECTION 58 -138, SO AS TO EXEMPT PRIVATE CLUBS WITHIN THE TOWN WHICH MAINTAIN PRIVATE GOLF COURSES FROM THOSE PROVISIONS OF SECTION 58 -138 WHICH REQUIRE PERMITS FOR REMOVAL AND REPLACEMENT OF TREES AND FILL; AMENDING CHAPTER 66, ZONING, ARTICLE V, SITE PLANS, SECTION 66 -141, APPLICABILITY, SO AS TO EXEMPT PRIVATE CLUBS WITHIN THE TOWN WHICH MAINTAIN PRIVATE GOLF COURSES FROM THOSE PROVISIONS OF SECTION 66 -141 WHICH REQUIRE SITE PLAN REVIEW FOR REMOVAL AND REPLACEMENT OF TREES; 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 1 WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Publish: Palm Beach Post Date: August 31, 2010 TOWN OF GULF STREAM, FLORIDA 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 in the matter Ordinance 010 /1 was published in said newspaper in the issues of August 31, 2010. 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 31" day of August, A.D. 2010. Who is personally known to me. A-) A mf-" NOTARY PUBLIC-STATE OF FLORIDA r' "' •4 Karen M. McLinton I ;Commission #DDS32672 Expires: NOV. 15, 2012 R IDED THRU Ane.`mC RotiDING CO, tNC, NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on THURSDAY, SEPTEMBER 23, 2010 AT 8:30 A.M. and the Town Commission will hold a Public Hearing on FRIDAY, OCTOBER 8, 2010 AT 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by William Wietsma as agent for Mildred Ireland Estate, owner of the property located at 3565 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Part of Lots 7 & 8, Gulf Stream Ocean Tracts; Part of Lots 9 & 10, Block B Palm Beach Shore Acres; and a portion of the right of way of Ocean Blvd (abandoned), to permit additions and improvements to the property and structures. 1. LAND CLEARING PERMIT to clear construction site. 2. NORTH OCEAN BLVD. OVERLAY PERMIT to allow 2nd story addition to existing garage that is partially located in the overlay district; install driveway gates and pedestrian gates; add landscaping. 3. SPECIAL EXCEPTION to allow a 2nd story addition to existing garage that encroaches approximately 4.6 feet into the north side setback. 4. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a 918 sq. ft. addition to existing Gulf Stream Bermuda style one -story single family dwelling and a 700 sq. ft. 2nd story addition over the existing garage; brick driveway; 8 foot high south side easement wall; 5 gates; new swimming pool. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ( ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. TOWN OF GULF STREAM, FLORIDA Dated: September 8, 2010 Rita L. Tayor, wn Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on THURSDAY, SEPTEMBER 23, 2010 AT 8:30 A.M. and the Town Commission will hold a Public Hearing on FRIDAY, OCTOBER 8, 2010 AT 9:00 A.M. both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: OAn application submitted by Robert Paglia as agent for Glenn Cotton, owner of the property located at 2534 Avenue Au Soleil, Gulf Stream, Florida, which is legally described as Lot 49, Place Au Soleil Subdivision, for the following: 1. SPECIAL EXCEPTION to allow an addition of 277 sq. ft. to the northeast corner of the existing first floor that will extend a non- conforming wall that encroaches one foot into the required 15 foot north side setback and combined setbacks. 2. SPECIAL EXCEPTION to permit a second -story addition of 1,192 sq. ft. that will extend over a non - conforming wall that encroaches one foot into the required 15 ft. south side setback and combined setbacks. 3. SPECIAL EXCEPTION to permit the addition of covered, unenclosed area that exceeds the maximum FAR allowed by 142 sq. ft. 4. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a first floor addition of 277 square ft., a second -story addition of 1,192 square ft., 526 sq. ft. of covered, unenclosed area to an existing Anglo Caribbean style single family dwelling, new pool and driveway. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT \ TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: September 8, 2010 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, own Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Thursday, September 23, 2010 at 8:30 A.M., deferred from July 22, 2010, and the Town Commission will hold a Public Hearing on Friday, October 8, 2010 at 9:OOA.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, lorida, at which the following will be considered: An application submitted by Mark Marsh as agent for Mr. and Mrs. Steven Silverman, contract purchasers of the property owned by Flavia Milano located at 1465 N. Ocean Blvd., Gulf Stream, Florida, which is legally described in metes and bounds in the revised plat of Blocks D &E of Palm Beach Shore Acres to permit the following: A. 1. VARIANCE to permit additions consisting of 1,006 sq.ft. to existing 1,946 sq. ft. non - conforming out buildings that exceed the maximum allowed 700 sq. ft. 2. SPECIAL EXCEPTION to extend the west wall of existing non- conforming guest house which encroaches 40 ft. into the front setback. 3. NORTH OCEAN BLVD. OVERLAY PERMIT to extend existing non- conforming guest house 16 ft. southward. B. ADDITIONS TO EXISTING 3 -STORY SINGLE FAMILY DWELLING 1. VARIANCES to construct a loggia on the east side and new entry on south side, total 244 sq. ft., of the non - conforming 3- story dwelling. a. Loggia encroaches 9111^ into rear (east) setback b. Loggia encroaches approximately 2 ft. into south side setback. 2. SPECIAL EXCEPTIONS to extend existing non - conforming walls on existing non - conforming dwelling. a. South wall of existing non - conforming 3 -story dwelling is on the south property line, an encroachment of 15 ft. b. North wall of existing non - conforming 3 -story dwelling encroaches approximately 6 ft. into the north side setback. C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit additions to the existing Mediterranean Revival non - conforming structures, a total of 1,364 sq. ft. The Architectural Review and Planning Board shall make a recommendation to �_the Town Commission, and the Town Commission shall make a final decision egarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: August 30, 2010 Publish: Palm Beach Post September 11, 2010 September 23, 2010 October 2, 2010 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor,�Town Clerk September 2, 2010 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 10, 2010 AT 4:00 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of 8- 13 -10. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Public Hearings 1. Tentative Budget Hearing 9 -10 -10 @ 5:01 P.M. 2. Final Budget Hearing 9 -21 -10 @ 5:01 P.M. B. Regular Meetings 1. October 8, 2010 @ 9 A.M. 2. November 12, 2010 @ 9 A.M. 3. December 10, 2010 @ 9 A.M. 4. January 14, 2011 @ 9 A.M. 5. February 11, 2011 @ 9 A.M. C. Mayor's Proclamation- "Constitution Week" Sept. 17 -23, 2010 VII. Reports. A. Town Manager 1. Employee Health Insurance Renewal 2. Auditor's Draft Report RE :GASB Statement #45 Compliance 3. Example: Notice of Underground Utilities Project Assessment & Ballot Procedures O B. Architectural Review & Planning Board 1. Meeting Dates a. September 23, 2010 @ 8:30 A.M. b. October 28, 2010 @ 8:30 A.M. c. November 18, 2010 @ 8:30 A.M. d. December 16, 2010 @ 8:30 A.M. C. Finance Director 1. Financial Report for August 2010 D. Police Chief 1. Activity for August 2010 VIII. Items for Commission Action. A. Ordinances 1. ORDINANCE 010/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 58, PLANNING AND DEVELOPMENT ARTICLE VI, LAND CLEARING, SECTION 58 -138, SO AS TO EXEMPT PRIVATE CLUBS WITHIN THE TOWN WHICH MAINTAIN PRIVATE GOLF COURSES FROM THOSE PROVISIONS OF SECTION 58 -138 WHICH REQUIRE PERMITS FOR REMOVAL AND REPLACEMENT OF TREES AND FILL; AMENDING CHAPTER 66, ZONING, ARTICLE V, SITE PLANS, SECTION 66 -141, APPLICABILITY, SO AS TO EXEMPT PRIVATE CLUBS WITHIN THE TOWN WHICH MAINTAIN PRIVATE GOLF COURSES FROM THOSE PROVISIONS OF SECTION 66 -141 WHICH REQUIRE SITE PLAN REVIEW FOR REMOVAL AND REPLACEMENT OF TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN e AGENDA CONTINUED CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (second reading & adoption) 2. ORDINANCE No. 010 -2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 70 -187, TO PROVIDE FOR THE REQUIRED SCREENING OF FENCES FROM O PUBLIC AND PRIVATE ROADWAYS AND TO PROHIBIT SPECIFIC TYPES OF FENCING; AMENDING, AT SECTION 71 -4, SITE DEVELOPMENT REGULATIONS FOR THE GULF STREAM DESIGN MANUAL FOR RM WEST AND RM EAST MULTIPLE - FAMILY RESIDENTIAL DISTRICTS, TO INCLUDE NEW LOT COVERAGE AND BUILDING SEPARATION REQUIREMENTS; AMENDING, AT SECTION 71 -7, MULTIPLE- FAMILY RESIDENTIAL DESIGN GUIDELINES, TO INCLUDE REQUIREMENTS FOR FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.(first reading) B. Items by Mayor & Commissioners IX. Public. X. 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 0