HomeMy Public PortalAboutORD 91/13ORDINANCE
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AN ORDINANCE OF THE
BEACH COUNTY, FLOR
ESTABLISHMENT OF
COUNCIL; DECLARING'
PROVIDING FOR DE&
APPOINTMENT, QU L
COMPENSATION OF C
RULES OF PROCEDU E;
OF LANDMARKS AND LAN
THE CREATION OF HIS
FORTH�I DESIGNATION
PROCE URES; ETTING
COUNCIL; SE NG
APPROPRIATENESS ROC•
FORTH C ERZA
CERTIFZCAT S OF AP?
DEMOLITIONJB NEG,
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PROVIDING F UN
FINES AND LI S.
RESTRI VE V NANTS; PROVIBIN
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SECTION 1PURPOS AND INTENT
SECTION 2,FINIT ONS
SECTION CO\U IL CREATED; APPOINT ENT; QUALIFICATIONS;
TERMS COMPENSATION; ALTERNATES
SECTION 4 OFFICERS; RULES OF PROCEDURE FOR COUNCIL
SECTION 5A DESIGNATION OF LANDMARKS AND LANDMARK SITES
SECTION 5B CREATION OF HISTORIC DISTRICTS AUTHORIZED
SECTION 6 LANDMARK, LANDMARK SITE AND HISTORIC DISTRICT
DESIGNATION AND UNDESIGNATION PROCEDURES
SECTION 7 POWERS OF THE COUNCIL; CERTIFICATES OF
APPROPRIATENESS REQUIRED
SECTION 8 CERTIFICATE OF APPROPRIATENESS PROCEDURES AND
EFFECT
SECTION 9 CRITERIA FOR THE ISSUANCE OF CERTIFICATES OF
APPROPRIATENESS
SECTION 10 DEMOLITION BY NEGLECT
SECTION 11 COUNCIL POWERS WITH RESPECT TO LANDMARKS, LANDMARK
SITES AND HISTORIC DISTRICTS
SECTION 12 APPEALS AND REVIEW
SECTION 13 COUNCIL ENFORCEMENT POWERS; PINES AND LIENS
SECTION 14 VOLUNTARY RESTRICTIVE COVENANTS
SECTION 15 SEVERABILITY
SECTION 16 ORDINANCES IN CONFLICT
SECTION 17 EFFECTIVE DATE
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1, Purpose and Intent.
Insofar as the historic resources of the Town
of Gulf Stream are an integral part of its
charm and character, as well as being
essential links to the Town's singular past,
it is hereby declared to be a matter of public
policy that the protection, enhancement and
perpetuation of properties or landscape
features of special, notable, aesthetic or
architectural character or historic interest
or value is a public purpose and necessity and
is required in the interest of health,
prosperity, safety and general welfare of the
people residing within and without the Town.
The purpose of this ordinance is to:
(a) Effect and accomplish the protection,
enhancement and perpetuation of such
properties and of districts which represent or
reflect elements of the Town's cultural,
social, economic, political and architectural
history.
(b) Safeguard the Town's historic and
cultural heritage, as embodied and reflected
in such Landmarks and Historic Districts.
(c) Stabilize and improve property values.
(d) Foster civic pride in the beauty and
notable accomplishments of the past.
(e) Promote the use of Historic Districts and
Landmarks for the education, pleasure and
welfare of the residents of and visitors to
the Town.
Section 2, Definitions.
In this ordinance, unless the context clearly
requires otherwise:
Alteration: Any change because of
construction, repair, maintenance or otherwise
to a building located within a Historic
District or designated as a Landmark, or
Landmark Site which affects the exterior
appearance of a building.
Applicant: The record owner of the site
and/or buildings located thereon, the owner's
authorized agent, or a person holding a "bona
fide" contract to purchase same who makes
application for a Certificate of
Appropriateness under this ordinance joined by
owner of record.
Building: Any building or other structure
built for shelter or enclosure of persons,
animals, or chattels, including fences, signs,
paving and boundary walls, and any part of any
such building or structure when subdivided by
division walls or party walls extending to or
above the roof and without openings in such
separate walls. The term "building" shall be
construed as if followed by the words "or any
part thereof."
Certificate of Appropriateness: A document
evidencing approval of the Council for work
proposed by an applicant.
Council or Landmarks Council: means the
LandmarksPresertion Council created under
this ordinance. va
Construction: The erection of an on-site
improvement to a Landmark or to a building or
any parcel of ground located within a Historic
District or on a Landmark Site, whether this
site is presently improved or unimproved, or
hereafter becomes unimproved by "demolition,"
"demolition by neglect" or as a result of
destruction of an improvement located thereon
by fire, windstorm or other casualty, or
otherwise (such a parcel of ground being
herein referred to as a "site").
Demolition: The complete or constructive
removal of a building or any portion thereof
on any site.
Demolition by Ne lect: Neglect in the
maintenance of any building, resulting in any
one or more of the following:
(1) The deterioration of a building(s) to the
extent that it creates or permits a hazardous
or unsafe condition as determined by the
Building Official.
(2) The deterioration, as determined by the
Building Official, of a building(s)
characterized by one or more of the following:
(a) Those buildings which have parts
thereof which are so attached that they
may fall and injure persons or property.
(b) Deteriorated or inadequate
foundation.
(c) Defective or deteriorated floor
supports or floor supports insufficient
to carry imposed loads with safety.
(d) Members of walls or other vertical
supports that split, lean,'list or buckle
due to defective material or
deterioration.
(e) Members of walls or other vertical
supports that are insufficient to carry
imposed loads with safety.
(f) Members of ceilings, roofs, ceiling
and roof supports, or other horizontal
members which sag, split, or buckle due
to defective material or deterioration.
(g) Members of ceilings, roofs, ceiling
and roof supports or other horizontal
members that are insufficient to carry
imposed loads with safety.
(h) Fireplaces or chimneys which list,
bulge, or settle due to defective
material or deterioration.
(i) Any fault, defect, or condition in
the building which renders the same
structurally unsafe or not properly
watertight.
(j) Unsafe electrical and/or mechanical
conditions.
(3) Action by the Town Commission, the Fire
Chief or the Building Official based upon the
safety or physical condition of any building.
Earthworks: Any subsurface remains of
historical, archaeological or architectural
importance or any unusual ground formations of
archaeological significance.
Exterior: All outside surfaces of a building.
Historic District: An area identified by the
Council which contains one or more Landmarks
or Landmark sites as well as those abutting
sites which the Council'determines should fall
under the provisions of this section to assure
that their appearance and development is
harmonious with such Landmarks and Landmark
Sites.
Landmark and Landmark Site: An unimproved
parcel of ground, including, without
limitation, earthworks (Landmark Site) or a
parcel of ground with improvements (Landmark),
wheresoever located in the Town of particular
historic, architectural or cultural
significance, which said Landmark 'or Landmark
Site meets the criteria set forth in Section
5A.
Ordinary Repairs or Maintenance: Work done to
prevent deterioration of a building or to
correct any deterioration or decay of or
damage to a building or any part thereof by
restoring the building as nearly as
practicable to its condition prior to such
deterioration, decay or damage.
Owner of Record: As reflected on the current
Palm Beach County tax roll.
ion 3, Council
erna
nt
A Landmarks Preservation Council is hereby
created consisting of five (5) members. A
majority of the members shall have, to the
highest extent practicable, a special
knowledge of and a known interest in landmarks
preservation. At least three (3) members
shall be owners of property located in, or
residents of the Town. The term for each
member shall be three (3) years and each will
serve without compensation. The Town
Commission shall appoint the members from time
to time. The first Council to be created
within ninety (90) days of the passage of this
Ordinance, shall have one (1) member for a
one-year term, two (2) members for two-year
terms and two (2) members for three-year
terms.
The Town Commission shall appoint up to three
(3) alternate Council members with similar
qualifications to serve in the absence of any
regular Council members.
Section 4, Officers, Rules of Procedure for
Council.
The Council shall elect, a Chairman, a Vice -
Chairman and a Secretary and may adopt rules
for the conduct of its meetings. A majority
of the Council shall constitute a quorum for
the transaction of business; provided however,
that in cases of emergency, if a quorum cannot
be obtained, the Chairman, or Vice -Chairman in
his absence, and one other member of the
Council may act to prevent an imminent and
irreparable violation of the provisions of
this ordinance.
Section 5A, Designation of Landmarks and
Landmark Sites.
A Landmark or Landmark Site shall meet at
least one of the following criteria:
(a) its character, interest or value is part
of the development, heritage or cultural
characteristics of the community; or
(b) is identified with historic personages or
with important events in national, state or
local history; or
(c) embodies distinguishing characteristics
of an architectural type or is a specimen
inherently valuable for the study of a period,
style, method of construction or use of
indigenous materials or craftsmanship; or
(d) is representative of the notable work of
a master builder, designer or architect whose
individual ability has been recognized or who
influenced his age; or
(e) is a historic or irreplaceable landscape
feature.
Section 5B, Creation of Historic Districts
authorized.
For preservation purposes, the Council shall
identify geographically defined areas within
the Town to be designated as Historic
Districts and shall cite the guideline
criteria upon which such designation shall be
made. A Historic District may be designated
for any geographic area of particular
historic, architectural or cultural
significance of the Town which:
(a) meets at least one of the criteria
set forth in Section 5A; or
(b) constitutes a unique area of
architecture, landscaping and/or
planning.
Section 6, Landmark, Landmark Site and
Historic District Designation and
ocedures.
The following procedure shall be adhered to by
the Council in designating any building, site,
or district that is worthy of preservation:
(a) The Council shall consider for
landmark designation any property
proposed by the owner 'of record or by a
member of the Council:
(b) Notice of a proposed designation
shall be sent by certified mail to the
owner of record or property proposed for
designation as a Landmark or Landmark
Site and to each owner of record of
property in a district proposed for
designation as a Historic District,
describing the property proposed and
announcing a public hearing by the
Council to consider such a designation to
be held not less than thirty (30) days
after the mailing of such notice.
(c) The Council shall also cause notice
of each such proposed designation to be
posted at least thirty (30) days prior to
the public hearing on the bulletin board
at the Town Hall, and in addition the
Council shall cause such notice to be
published in a newspaper having general
circulation in the Town.
(d) The Council may retain or solicit
expert testimony regarding the historic
and architectural importance of the
buildings and districts under
consideration for designation.•
(e) The Council may present testimony or
documentary evidence of its own to
establish a record regarding the historic
and architectural importance of the
proposed Landmark, Landmark Site or
Historic District.
(f) The Council shall afford the owner
of each affected property reasonable
opportunity to present testimony or
documentary evidence regarding the
historic and architectural importance of
such property.
(g) The owner of each affected property
shall be afforded a , right of
representation by counsel and reasonable
opportunity to cross-examine witnesses
presented by the Council.
(h) Any interested party may present
testimony or documentary evidence
regarding the designation of a proposed
Landmark, Landmark Site or Historic
District at the public hearing and may
submit to the Council documentary
evidence within three (3) days after the
hearing.
(i) Within not more than 'thirty (30)
days after a public hearing, the Council
shall render a final decision regarding
the proposed designation and should give
written notice of its decision to each
owner of property affected by the
designation, setting forth the reasons
for the decision.
(j) The Council shall maintain a record
of testimony and documentary evidence
submitted to the Council for
consideration of the designation of a
proposed or previously designated
Landmark, Landmark Site or Historic
District.
(k) In accordance with Section 11(a) of
this ordinance the Town Commission shall,
within ninety (90) days of the Council's
final decision, hold a public hearing to
consider ratification of the
determination of the Council prior to the
designation of a property as a Landmark
or Landmark Site or of a district as a
Historic District becoming effective.
Absent ratification by the Town
Commission, the Council's determination
shall be ineffective.
(1) Within thirty (30) days of the date
on which the Town Commission ratifies the
Council's designation of a Landmark,
Landmark Site or Historic District, the
Council shall cause to, be filed in the
Office of Recorder of Deeds of Palm Beach
County a certificate of notification that
such property is designated a Landmark or
Landmark Site or is located within a
district designated a Historic District;
and said certificate of notification
shall be maintained on the public record
until such time as such designation may
be withdrawn by the Council and the Town
Commission.
(m) Designation of a Landmark, Landmark
Site or a Historic District may be
withdrawn by following the same procedure
as listed above.
Section 7, Powers of the Council; Certificates
of Annrnnriahnnccc rcrtnirnA
(a) No Landmark nor any building or site
planning feature including, but not limited
to, landscaping, garden walls, pools,
fountains, etc., on a Landmark site or within
a Historic District shall be erected, altered,
restored, moved or demolished until after an
application for a Certificate of
Appropriateness as to exterior architectural
features has been submitted to and approved by
the Council. Similarly, if earthworks of
historical or archaeological importance exist
in a Historic District, or on a Landmark Site,
there shall be no excavating or moving of
earth, rock or subsoil in or about such
earthworks without a Certificate of
Appropriateness. For the purpose of this
ordinance "exterior architectural features"
shall include but not be limited to the
architectural style, scale, general design and
general arrangement of the exterior of a
building, including the kind and texture of
the building material and type and style of
roofs, windows and doors.
(b) The Council shall not consider interior
arrangement or use, except as this may affect
a request for exterior changes.
(c) Nothing in this ordinance shall be
construed to prevent ordinary maintenance or
repairs which do not involve a change of
design, material or color which do not affect
the outward appearance of a building.
(d) The Council shall exercise only those
powers and duties granted by this ordinance
and those powers and duties which may be
assigned to it at a later date by the Town
Commission.
tion 8, Certi
(a) The Council shall prescribe the procedure
for making application for a Certificate of
Appropriateness and may develop design
guidelines necessary to provide a framework
for studying plans submitted. The Council may
set fees for Certificate applications.
(b) The applicant shall, upon request, have
the right to a preliminary conference with the
Building Official for the purpose of making
any changes or adjustments to the application
which might be more consistent, with the
Council's standards.
(c) The Council shall hold a public hearing
upon each application for a Certificate of
Appropriateness affecting property under its
control. Notice of the time and place,of said
hearing shall be given by publication in a
newspaper having general circulation in the
Town at least fifteen (15) days before such
hearing and by posting such notice on the
bulletin board at the Town Hall. In addition,
notice shall be mailed at least fifteen (15)
days prior to the date of such public hearing
to the applicant and to the Building Official.
(d) Within not more than thirty (30) days
after the hearing on an application, the
Council shall act upon it, either approving,
denying or deferring action until the next
meeting of the Council, giving consideration
to the factors set forth in Section 9
hereof. Evidence of approval of the
application shall be by Certificate of
Appropriateness issued by the Council, valid
for a period not to exceed one year from date
of issuance, and whatever its decision, a
notice in writing shall be given to the
applicant and the Building Official. The
Council shall keep a record of its actions
under this ordinance.
(e) No building permit for exterior changes
shall be issued by the Building Official which
affects a building or site in a Historic
District or a Landmark or a Landmark Site or a
property under consideration for landmark
designation without a Certificate of
Appropriateness.
f�
(f) The Council shall have the right to make
such recommendations for changes and
modifications as it may deem necessary in
order to enable the applicant to meet the
requirements.
(g) Nothing contained herein shall prevent
the making of any temporary construction,
reconstruction, demolition or,other repairs on
a Landmark, Landmark Site or a building in a
Historic District pursuant to the order of any
governmental agency or a court of competent
jurisdiction for the purpose of remedying
emergency conditions determined to be
dangerous to life, health or property, as
determined by the Building Official, provided
that in case of demolition prior notice of
such action shall be given to the Council.
(h) Where, by reason of topographical
conditions, or irregularly shaped lots,, or
because of unusual circumstances applicable
solely to the particular applicant, strict
enforcement of the provisions of this
ordinance would result in serious undue
hardship particularly affecting such
applicant, the Council, in passing upon his
application, shall have the power to vary or
modify adherence to this ordinance; provided
always that its requirements insure harmony
with the general purposes hereof and will not
adversely affect a Historic District, Landmark
or Landmark Site. Guidelines for the
application of this subsection may be
developed by the Council.
(i) In the event work is being performed not
in accordance with the Certificate of
Appropriateness, the Building Official or his
designated representative shall issue a stop
work order and all work shall cease. No
person, firm or corporation shall undertake
any work on such project as long as such stop
work order shall continue in effect. The
Council may hold the owner responsible for
returning the property to its original state
or conforming to the provisions of the
Certificate of Appropriateness.
Section
cates o
In passing upon an application for a
Certificate of Appropriateness, the Council
shall consider the following criteria:
(a) For new construction:
(1) The following aspects of new
construction shall be visually compatible
with the buildings and environment with
which the new construction is visually
related, namely: the height, the gross
volume, the proportion between width and
height of the facade(s), the proportions
and relationships between doors and
windows, the rhythm of solids to voids
created by openings in the facade, the
materials used in the facade, the texture
inherent in the facade, the colors,
pattern and trim used in the facade, and
the design of the roof.
(2) Existing rhythm created by existing
building masses and space between them
should be preserved.
(3) The landscape plan should be
sensitive to the individual building and
its occupants and needs and should be
visually compatible with the buildings
and environment with which it is visually
related.
(4) A new street facade should blend
directionally with other buildings with
which it is visually related; which is to
say, when adjacent buildings have a
dominant horizontal or vertical
expression, that expression should be
carried over in the new facade.
(5) Architectural details should be
incorporated as necessary to relate the
new with the old and to preserve and
enhance the inherent architectural
characteristics of the area.
(b) For exterior alterations:
(1) The criteria set forth in (a) above,
if applicable, shall be considered in
passing upon an application for exterior
alterations; provided that the Council
may consider the original design of the
building and the buildings visually
related to it and disregard alterations
subsequently made thereto.
(2) Exterior alterations shall not
affect the architectural quality or
historical character of the building.
(c) Demolition:
For demolition of a Landmark or a
building in a Historic District, the
following should be considered:
(1) The historic or architectural
significance of the building or landscape
feature.
(2) The importance of the building or
landscape features to the aesthetics of
the District.
(3) The special character and aesthetic
interest that the building or landscape
feature adds to the District.
(4) The difficulty or the impossibility
of reproducing such a building or
landscape feature because of its design,
texture, material, detail, age or
uniqueness of location.
(5) The future utilization of the site.
(d) Reconstruction of a non -conforming use
building:
The reconstruction of a non -conforming
building in a Historic District destroyed
10
by fire, storm or other act of God shall
be governed by the provisions of the
zoning ordinance, except that the Council
shall regulate the exterior design of
such buildings in accordance with the
criteria set forth in (a) above.
Section 10, Demolition by Neglect
In the event the Council determines that a
Landmark is in the course of being demolished
by neglect, it shall notify the owner of
record of such preliminary finding stating the
reason therefore and shall give the owner of
record thirty (30) days from the date. of
notice in which to commence work rectifying
the evidences of neglect cited by the
Council. Such notice shall be accomplished in
the following manner.
(1) By certified mailing to the last
known address of the owner of record; or
(2) In the event the procedure outlined
in (a) above is not successful, then by
attaching such notice to the Landmark
twice within a week.
Upon the owner of record's failing
to commence work within thirty (30) days
of such notice, the Council shall notify
the owner of record in the manner
provided above to appear at the next
Public hearing of the Council. The
Council shall cause to be presented at
said public hearing the reasons for the
notice, and the owner of record shall
have the right to present any rebuttal
thereto. If, thereafter, the Council
shall determine that the Landmark is
being demolished by neglect, the Council
shall inform the Town Commission of its
determination, whereupon the Town
Commission may bring charges against the
owner of record for 'violation of this
ordinance; and the Town Commission may
cause such Landmark to be repaired at its
expense at such time as funds are
appropriated therefor, in which event the
Town may file an affidavit of the
Building Official to such effect it may
lawfully do so, a lien against the
property for the funds so expended by the
Town.
ion 11, Council Powers with Respect to
The Council may exercise the following powers:
(a) To designate a building or landscape
feature together with its accessory
building(s) or feature(s) and its lot of
record, or a vacant site or a district as
historic and worthy of preservation as a
Landmark, Landmark Site or Historic
District, as the case may be, within the
jurisdiction of the Council, provided
such designation is ratified by the Town
Commission.
11
(b) To make application for public and
private funds when appropriate and
available for the purposes set forth in
this ordinance subject to the approval of
the Town Commission.
(c) To maintain and update the Town's
survey of Historic resources.
(d) To recommend appropriate legislation
for the preservation of any building,
site or district which it has so
designated.
(e) To recommend modified building code
enforcement for a Landmark or Historic
District building.
(f) To review applications proposing
erection, alteration, restoration or
moving of any building which it has so
designated or any building located in a
district which it has so designated, and
to issue or deny Certificates of
Appropriateness accordingly.
(g) To review applications for
demolition permits proposing demolition
of all or part of any Landmark or any
building or landscape feature located in
a Historic District, and to issue
Certificates of Appropriateness or to
deny them for one year.
(h) To cooperate with the owner of a
Landmark or a property located in a
Historic District throughout the year
following a refusal to issue a
Certificate of Appropriateness pursuant
to an application for a. demolition
permit, and to seek alternative economic
uses for such Landmark or property.
(i) To review its denial of a
Certificate of Appropriateness for
demolition of such Landmark or property
annually, during a public hearing at
which time the owner of the affected
Landmark or property shall be afforded an
opportunity to appear with counsel and to
present testimony.
Section 12, Appeals and Review
The applicant or any interested party may file
an appeal to the Town Commission on any ruling
by the Landmarks Preservation Council or the
Building Official made pursuant to this
ordinance. An appeal shall be on forms
provided by the Town. The appeal shall be
filed or made within ten (10) days.
Appeals shall set forth the alleged
inconsistency or nonconformity with procedures
or criteria set forth in this ordinance. The
Town Commission shall decide an appeal within
thirty (30) days of the filing of such appeal
unless an extension of time is consented to by
the applicant, and such filing shall suspend
any building permit issued pursuant to the
ruling of the Landmarks Preservation Council
or Building Official until the Town Commission
12
has decided the appeal. The Town Commission
may review any decision of the Landmarks
Preservation Council or the Building Official
and their disposition of the matter shall be
final.
Section 13, Council Enforcement Powers; Fines
and Liens.
(a) In performance of their duties, members
of the Council or their designees -shall have
the right to enter upon properties in the Town
at reasonable times and upon'reasonable notice
to the owners thereof.
(b) Upon request of the Council, the Building
Official shall aid the Council in making
necessary inspections in connection with the
enforcement of this ordinance, shall furnish
the Council with copies of reports of his
inspections, and shall send, notices to all
persons who may be in violation of the
provisions of this ordinance to inform them of
such violations.
(c) Failure to comply with the provisions of
this ordinance shall constitute a violation
hereof and the violater shall pay a fine not
to exceed two hundred fifty dollars ($250.00)
for each day the violation continues. A
certified copy of an order imposing a fine may
be recorded in the public records and
thereafter shall constitute a lien against the
land on which the violation exists. After one
(1) year from the filing of any such lien
which remains unpaid, the Enforcement Board
may authorize the Town Attorney to foreclose
on the lien.
No lien provided under the Local Government
Code Enforcement Board Act shall continue for
a period longer than two (2) years after the
certified copy of an order imposing a fine has
been recorded, unless within that time an
action to foreclose on the lien is commenced
in a court of competent jurisdiction. The
continuation of the lien effected by the
commencement of the action shall not be good
against creditors or subsequent purchasers for
valuable consideration without notice, unless
7a notice of lis pendens is recorded.
Section 14, Voluntary Restrictive Covenants.
The owner of any Landmark or Landmark Site
may, at.any time following the designation of
his property, enter into a restrictive
covenant on the property after negotiation
with the Council. The Council may assist the
owner in preparing such a covenant in the
interest of preserving the Landmark or the
Landmark Site. The owner shall record such
covenant in the Office of the Recorder of
Deeds for Palm Beach County and shall notify
the Office of the County Property Appraiser of
Palm Beach County of such covenant and the
conditions thereof.
13
Section 15, Severability. If any provision of
this ordinance or the application thereof is
held invalid, such invalidity shall not affect
the other provisions or applications of this
ordinance which can be given effect without
the invalid provisions or applications and to
this end the provisions of this ordinance are
hereby declared severable.
Section 16, Ordinances in Conflict. All
ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 17, Effective Date. This ordinance
shall become effective immediately upon its
passage and approval as required by law.
PASSED AND ADOPTED on first reading at
adjourned session assembled on the day of
1990, and on second and final reading on the _
1990.
ATTEST:
Town Clerk
JCR30H
5/29/90
14
Mayor
0
I
a regular
day of