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HomeMy Public PortalAbout09/13/1985TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH. JR., Mayor AGENDA JOEL HUNTER, Vice Mayor ALAN I. ARMOUR ROBERT J. DIXSON TOWN COMMISSION MEETING BRIAN PFEIFLER September 13, 1985 1. Roll Call. 2. Approval of Minutes: August 9, August 13, August 22 and September 10, 1985 3. Staff Report. a. Financial Report b. Police Report C. Manager's Report d. Bond Issue Project Report e. Town Attorney Report MAIL ADDRESS 246 SEA ROAD GULF STREAM, FLORIDA 7]444 TEL.: GULF STREAM 2785115 Town Manager WILLIAM E. GWYNN Town Clerk BARBARA GWYNN Chief of Police JAMES GREER 4. Planning and Zoning Board Report BOA# 85 -7 A request by Mr. Peter Rummell for a variance to Section X.I.1 /e. of the Town Zoning Ordinance for the reduction of a rear yard setback from 15.0 feet 9.0 feet for the construction of a pool at an existing residence at 3311 North Ocean Blvd. 5. P.B. #85 -8 A request by Digby Bridges, agent for William Voute', for site plan review on a new single family residence located at 2999 N. Ocean Blvd. 6. SECOND and FINAL reading of Ordinance 85 -1. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM REPEALING ORDINANCE 84 -2 RELATING TO ANIMALS BEING TAKEN ON THE PUBLIC BEACHES. 7. SECOND and FINAL reading of Ordinance 85 -2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING SECTION 3 -1 AND SECTION 3 -6 OF THE CODE OF ORDINANCES OF THE TOWN OF GULF STREAM TO PROVIDE THAT PERSONS FOUND TO BE IN VIOLATION OF SAID SECTIONS SHALL BE GUILTY OF A CIVIL INFRACTION ONLY AND SHALL NOT BE SUBJECT TO CRIMINAL PROSECUTION: PROVIDING FOR A FINE TO PERSONS FOUND TO BE IN VIOLATION OF THE PROVISIONS OF THE ORDINANCE: PROVIDING FOR SEVERABILITY: PROVIDING FOR CODIFICATION: PROVIDING AN EFFECTIVE DATE. 8. Commissioner Comments /Recommendations. 9. Public Comments /Requests. 10. Adjournment. COMMISSIONERS WILLIAM F. NOCH, JR., Mayor JOEL HUNTER, Vice Mayor ALAN I. ARMOUR ROBERT J. DIXSON BRIAN PFEIFLER 1. Roll Call. Present Mayor Koch Vice Mayor Hunter Comnissioner Armour Commissioner Pfeifler Absent Comnissioner Dixson TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA 11 TOM COMMISSION MEETING SEPTEMBER 13, 1985 Others Present MAIL ADDRESS 246 SEA ROAD GULF STREAM, FLORIDA 33444 TEL.: GULF STREAM 2]65116 Town Manager WILLIAM E. GWYNN Town Clerk BARBARA GWYNN Chief of Police JAMES GREER Bill Gwynn, Town Manager Barbara Gwynn, Town Clerk Gene Caputo, Ass't Town Manager Jim Greer, Police Chief Clarence Sova, Public Works Super. John Randolph, Town Attorney Bill Mayer, Chairman, Planning /Zoning 2. Approval of Minutes: August 9, August 13, August 22 and September 10, 1985 The minutes were approved as submitted. Following a brief discussion regarding the format of the minutes, the Commission asked that all future minutes be of a summ y nature only with no discussion reported unless requested to go on record. 3. Staff Report. a. Financial Report. The financial report was approved as submitted by Mr. Gwynn. b. Police Report. The police report was approved as submitted by Chief Greer. c. Manager's Report. There was no specific manager's report for this month. d. Bond Issue Project Report. Mr. Caputo presented change Orders #1 & 2 on the Town Hall construction, which were approved as submitted. Approval was also given to Mr. Caputo to meet with Mr. Randolph for the purpose of writing a letter to Mr. Art Strock to complete the canal dredging project as per the Gary Ward report. Minutes Commission Meeting Sept. 13, 1985 page 2 e. Town Attorney Report. There was no specific Attorney report for this month. 4. Planning and Zoning Board Report. BOA #85 -7 A request by Mr. Peter Rummell for a variance to Section X.I.1 /e. of the Town Zoning Ordinance for the reduction of a rear yard setback from 15.0 feet for the construction of a pool at an existing residence at 3311 North Ocean Blvd. 5. P.B. #85 -8 A request by Digby Bridges, agent for William Voute', for site plan review on a single family residence located at 2999 N.-Ocean Blvd. Both Planning & Zoning Board items were approved as presented by Mr. Mayer. 6. SECOND and FTNAT, reading of Ordinance 85 -1. AN ORDINANCE OF THE TOM COMMISSION OF THE TOWN OF GULF STREAM REPEALING ORDINANCE 84 -2 RELATING TO ANIMALS BEING TARN ON THE PUBLIC BEACHES. 7. SBLOND and FINAL reading of Ordinance 85 -2. AN ORDINANCE OF THE T0M COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA AMENDING SECTION 3 -1 AND SECTION 3 -6 OF THE CODE OF ORDINANCES OF THE TOM OF GULF STREAM TO PROVIDE THAT PERSONS FOUND TO BE IN VIOLATION OF SAID SECTIONS SHALL BE GUILTY OF A CIVIL INFRACTION ONLY AND SHALT, NOT BE SUBJECT TO CRIMINAL PROSECU- TION: PROVIDING FOR A FIND TO PERSONS FOUND TO BE IN VIOLATIONI OF THE PROVISIONS OF THE ORDINANCE: PROVIDING FOR SEVERABILITY: PROVIDING FOR CODIFICATION: PROVIDING AN EFFECTIVE DATE. 0 0 a Both Ordinances were approve on Second Reading as submitted by Mr. Gwynn. Commissioner Comments /Recommendations. Mr. Caputo and Mr. Randolph were asked to prepare a letter to the beach front property owners regarding the beach cleaning program. Public Comments /Requests. A request was made regarding the placement of school zone signs, stop signs, and reduced speed throughout the Town. The Commission asked Mr. Randolph and Chief Greer to look into the matter and report back at the next meeting. A letter from Mr. Scott Tiernan was read regarding the purchase of the bird sanctuary and the lifting of the deed restrictions. The Commission stated that the Town would be interested in the sale of the property but would not lift the restrictions. Adjournment. There being further business, Eugen . Caputo Assistant Town Manager the meeting was adjourned at 10:45 A.M. TOWN OF GULF STREAM Budget GENERAL FUND Budget Actual Proposed 1984- thru Budget C1985 7/31/85 1985- 1986 REVENUE: Taxes 489,670 483,569 558,143 Fines 7,200 3,683 5,000 Permits 4,000 13,393 10,559 Licenses 11,000 12,675 12,000 Alcholic Beverages 456 456 500 Trash Collection 48,000 48,010 60,000 Franchise Fl. Power & Light Co. 45,000 44,167 50,000 Franchise So. Bell Tel & Tel. Co. 1,300 1,185 1,200 Interest Income 10,000 6,217 7,000 State of Fl. - Gasoline Tax 700 780 800 Florida Revenue Sharing 8,916 7,280 4,000 Federal Revenue Sharing 1,500 2,500 400 Cigarette Tax Refund 1,800 1,401 1,800 Franchise Cable T.V. 1,700 1,966 2,000 Other Revenue 7,500 4,253 2,000 Half Cent Sales Tax 16,892 12,321 15,000 County Gasoline Tax 4,000 -0- 8,000 Net Revenue - Water Fund 37,700 49,000 49,100 Reimbursements from Bond Issue 45,000 39,701 -0- Surplus from 85 -85 Budget -0- -0- 20,000 Total Revenue 742,334 732,557 807,502 ?ENDITURES: ADMINISTRATIVE &GENERAL Manager's & Clerk's Salary 28,890 22,884 28,890 Postage, Printing & Stationary 2,600 992 2,600 Office Supplies & Expenses 3,300 1,428 3,300 Telephone 6,000 5,610 8,000 Electricity 3,400 3,902 6,800 Transportation 3,000 2,849 3,600 Building Maintenance 1,400 223 2,800 Lawn Maintenance 2,000 -0- 4,000 Insurance 29,000 34,464 36,000 Insurance - Medical- All Employees 18,500 16,582 18,500 Secretarial Service - Vacation /Assistant 6,000 2,322 6,600 Payroll Taxes - All Employees 24,600 19,849 24,600 Bookkeeping Service 2,785 2,515 2,800 Retirement Plan - All Employees 13,800 10,448 14,000 Legal & Professional 22,000 11,357 20,000 Misc. -Dues 600, 761 900 Legal Advertising 1,200 279 1,000 Other 1,500 4,037 4,000 County Permit Fee 4,500 2,806 -0- Town Library 1,800 1,800 1,800 Emergency Medical Services 2,100 2,625 4,000 Planning & Zoning Board Expenses 1,000 3,396 2,000 i Code Enforcement Officer 6,000 5,125 8,00.0 Assistant to Town Manager 18,000 9,000 18,000 Discount On Taxes 16,200 16,914 17,000 Capital Expenditures - Administrative 4,000 -0- 5,000 Total 224,175 182,168 244,190 STREETS & EASEMENTS Maintenance, Repairs & Supplies -2- 1,919 3,000 • TOWN OF GULF STREAM 9,578 12,000 Signs Budget 727 1,000 Total Budget Actual Proposed SANITATION DEPARTMENT 1984 - thru Budget Salaries 1985 7/31/85 1985 - �- 57,000 55,539 1986 POLICE DEPARTMENT 5,000 5,466 7,000 Salaries 262,560 206,639 262,560 Uniforms, Equipment & Supplies 11,300 11,456 11,000 Auto Maintenance 21,000 12,143 21,000 Cleaning Uniforms 1,200 492 1,200 Radio Service & Repair 15,575 14,600 17,760 Crime Prevention & Criminal Inc. 2,000 2,000 2,000 Capital Expenditures 11,000 10,908 11,000 Total 324,635 258,238 326,520 FIRE PROTECTION 20,156 Fire Contract Cost 38,000 36,432 43,000 Maintenance Repair 2,500 -0- 1,000 Total 40,500 36,432 44,000 STREETS & EASEMENTS Maintenance, Repairs & Supplies 3,000 1,919 3,000 Lighting 12,000 9,578 12,000 Signs 1,000 727 1,000 Total 16,000 12,224 16,000 SANITATION DEPARTMENT Salaries 48,524 39,245 48,524 Garbage Collection Contract 57,000 55,539 60,000 Equipment Maintenance & Service 5,000 5,466 7,000 Uniforms 1,000 1,342 1,600 Disposal Fees 10,500 7,839 10,000 Capital Expenditures 15,000 4,837 3,500 Total 137,024 114,268 130,624 Total General Fund Expenses 742,334 603,330 761,334 PROPOSED NEW ITEMS Beach Cleaning 5,000 Furniture Fixtures & Contingency 15,000 Employee Raises (See Schedule) 5 %= 20,156 Increase Pension Contribution 28= 6,012 Total 46,168 GRAND TOTAL GENERAL FUND EXPENSES 807,502 TOWN OF GULF STREAM Budget Budget Actual Proposed 1984- thru Budget 1985 7/31/85 1985- 1986 WATER FUND REVENUE: From Sales 207,000 198,343 235,000 Interest from Invested Surplus Funds 4,600 2,122 3,000 Total Water Revenue 211,600 200,465 238,000 EXPENDITURES: Cost of Water 140,300 119,044 160,000 Repairs 20,000 11,472 15,000 Engineering & Survey 500 -0- 500 Meter Reading 3,100 1,540 3,000 Computer Billing & Collection 3,000 940 3,300 Assistant Town Clerk 6,000 2,322 6,600 Postage - Printing & Stationary 1,000 147 500 Total Expenditures 173,900 135,465 188,900 NET REVENUE 37,700 65,000 49,100 RESOLUTION NO. 85 -31 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR ADOPTION OF A BUDGET FOR THE TOWN'S FISCAL YEAR COMMENCING OCTOBER 1, 1985 AND ENDING ON SEPTEMBER 30, 1986 AND APPROPRIATING THE NET REVENUE OF THE WATER FUND TO THE GENERAL FUND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1985 AND ENDING ON SEPTEMBER 30, 1986. BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA that: (1) The BUDGET for the Town of Gulf Stream, for the Fiscal Year commencing October 1, 1985 and ending on September 30, 1986, a detailed copy which is attached hereto and reflects, in part, total estimated General Fund and Water Fund expenses for said Fiscal Year in the amount of $807,502 and $188,900 respectively, be hereby approved and adopted,'disbursements for which to be made only under the categories of anticipated expenses in the identified classification of expenditures as set forth in said Budget and for no other purpose than those for which they are appropriated unless so authorized by Act of the Commission of the Town of Gulf Stream. (2) The sums of monies set forth Under Revenue in the attached Budget, General Fund total revenue revenue $807,502 and Water Fund total revenue $238,000 be, and hereby are, approved for the purpose of providing sufficient and necessary funds for operation and maintenance of the Town during said Fiscal Year commencing October 1, 1985. (3) The net revenue of the Water Fund, for the Fiscal Year October 1, 1985 thru September 30, 1986, be hereby appropriated to the General Fund. PASSED AND ADOPTED ON THE loth day of September, 1985. j 04 I� VICE MAYOR -- - - - -- - ---- -- -- COMM IONER COMMISSIONER COMMISSIONER ^EST: w Town Clerk RESOLUTION NO. 85 -4 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ESTABLISHING A 4.3108 MILL TAX LEVY AGAINST THE ASSESSED VALUATIONS OF ALL TAXABLE REAL AND PERSONAL PROPERTIES WITHIN THE CORPORATE LIMITS OF SAID TOWN OF GULF STREAM, FOR THE YEAR 1985. NOW, BE IT RESOLVED, that all Real and Personal Property valuations of properties lying within the Corporate Limits of the Town of Gulf Stream, Florida, subject to ad- valorem taxation, as shown on the 1985 Palm Beach County Property Assessment Roll, shall be subject to a tax levy of 4.3108 mills against all taxable properties within the Town of Gulf Stream, Florida for the year 1985. PASSED AND ADOPTED on this loth day of September, 1985. rlAYOR VI ?•]AYOR COMMISSION ATTEST: TO Clerk RESOLUTION NO. 85 -5- A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ESTABLISHING A 1.6070 MILL VOTED DEBT SERVICE TAX LEVY AGAINST THE ASSESSED VALUATIONS OF ALL TAXABLE REAL AND PERSONAL PROPERTIES WITHIN THE CORPORATE LIMITS OF SAID TOWN OF GULF STREAM, FOR THE YEAR 1985. NOW, BE IT RESOLVED, that all Real and Personal Property valuations of properties lying within the Corporate Limits of the Town of Gulf Stream, Florida, subject to ad- valorem taxation, as shown on the 1985 Palm Beach County Property Assessment Roll, shall be subject to a Voted Debt Service Tax levy of 1.6070 mills against all taxable properties within the Town of, Gulf Stream, Florida for the year 1985. PASSES AND ADOPTED on this 10th day of September, 1985. VICE MAYOR COMMISSION -2 i�. . COMMISSION .__.ATTEST:- Town C1 is depateu "1 think we should I" closely at whether we should go bade n the roll -back or build up our capability IS fight W crime moral, ",Wd John T'aynr, a mident of New to F1Nam. Taylor mid hares In New Flmam have ban the novel - a" far bnrgiarr raCndy. ty Ken Fegl Eon Raton nansber of the Eo Raton Airport ta. Aullancity and residua of Boca Del Mar, which is outride the city limits, also crilidued the daWul to go to the rull- o- beck lesd. a Field said that although he R not a resident of the city, "1 du drive Ihrmlgh the strer s and after the rain we had I. recently, it's door you're going lu hire to address The In- es frmtrucmre ptuNem. The streets were absolutely fluakJ." VI He mid that nnley, for maven and drains will be needed W n He real few )tors. pit "Ileum thirds about the future end slop pins In the If roll4i"." he said to the council namben. Council member Alan Alford resounded, "We are a u1- fiscaUy heathy city, We are fiscally healthy because we In are fiscally respmoihle." ilb Council member At Edmunds suggested furmng a Nor review cotlunilke, of npresenlauvcs final meal rdlaaned ree chin. smuor and city oRcnR. "Let's But wait until real year to decide about the In- the summa and m.a," Edmnunds sad. "lairs gel nee oral oti twuswotk going and see what kind of uoifed apla.Oh we can woe up wi01." CASH Pates PhjII, a WaUrns- Do Pain Cmame rewtlq - Unusual Canes : Also Bue Entire Estates lot IS HERE-NOW! Boca Raton Mall Thurs. thru Sunday Sept. 5 -8 s during regular mall hours FACTORY LIST PRICE $3195.00 E$1395° s — FOR YOUR CONVENIENCE — ARTHUR EASY LAY -AWAY GOU $ ACa00 C IJOOWN LJ YONTH E UBE, SOLID BRASS MOVEMENT I10- BEVELED GLASS (Front al sides) GANT'DIANA' LYRE PENDULUM ' -WOUND AND CABLE DRIVEN Is Historic Westminster Chllltas with ladral Bell QualitY. ....... ............................... n't make it to our show, above, be sure to our new Illustrated, wholesale price Had an— CHARGEITI 'sling Arllptr(9lock(9omFI HE KING RRT BUILDINGS 1T WX FAIIIHOPEA1,31432 PHONE ORDERS ACCEPTED: 12051 928-6300 ■ What's cookin'... Find Out In Wednesday's Food Section In The News Town of Gulf Stream Budget Summary THE PROPOSED OPERATING BUDGET EXPENDITURES OF THE TOWN OF GULF STREAM ARE B.9% MORE THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES. Revenues: Ad ValorcreTaaesaBillage- 4.3108) $SStl,143 i Franchb. Fee. 53,2no ' uceosu and Permits 23.OS9 , Federal Revenue Sbarng 400 Smte Shared Revenues 29.600 - TraahUlilRyRevvenue 60,450 water pdllty RCTCnoc 49,100 Far. 5,aua _ later" 7,000 Older Nla. Rerceucs 22.000 Too) RCTCOau 507,502 Expenditures: General GOrernment5crk1- $262.447 Public Safety 3se,144 Physical Environment 139,021 Trirupormdon 16,1100 �CWwrcBccaatloR 1•x90 " Total Eapcndlturo 907,502 NOTICE OF T AX INCREASE The Town of Gulf Stream has tentatively adopted a measure to increase its property tax levy by raising the proposed millage rate over the rolled -back rate by 14.998%. All concerned citizens are invited to attend a public hearing on tax increase to be held on Tuesday September 10, 1,985 at 5:01 PM at Town Hall Town of Gulf Stream 246 Sea Road Gulf Stream, Florida A FINAL DECISION on the proposed tax increase will be made at this hearing. I. _ m i i cn N nj 0 rs b ; a^ T S o z Con. !• `� O• to w : n ° -°� o. � m Q• C re t m m of z `v tz = s S n m m C °i 7 f m ❑ a n o O G C m O T O d �• n G A m n m m n m a � o � � �• � s �4 H � 'od � ^. d o- tl• �- m N O m m to Fb w n^ W d• m t n• •! o d G. S UI in •i a �G�m�aa.ngo� m ft P, 00 m 5'05'm� c Al Y -� mC N N- m �• m m C IN p p n dS ^' C 0. dm w f O m p In a d° n. m y ro 3 T h O C � trJ O m O n n ? b O n ` m I-0 b7m C 0 f7 F 1 � � 2 0 `a m l ' 1 O z y °z n 1 z r E Proof of Publication Vs. Filed in the Office of Clerk of Circuit Court 19 ............ Clerk BY.._ ...............°--.........°"-°-..... ............................... D. C. Complainant's Solicitor. n ORDINANCE NO. t' AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM REPEALING ORDINANCE 84 -2 RELATING TO ANIMALS BEING TAKEN ON THE PUBLIC BEACHES. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. Ordinance No. 84 -2 of the Code of Ordinances of the Town of Gulf Stream, relating to the prohibition of any person taking any domestic pet upon the public beaches, is hereby repealed in its entirety. Section 2. This ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED AND ADOPTED on second reading this 13th day of September 1985. ATTEST: Town 'J i NO. L AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING SECTION 3 -1 AND SECTION 3 -6 OF THE CODE OF ORDINANCES OF THE TOWN OF GULF STREAM TO PROVIDE THAT PERSONS FOUND TO BE IN VIOLATION OF SAID SECTIONS SHALL BE GUILTY OF A CIVIL INFRACTION ONLY AND SHALL NOT BE SUBJECT TO CRIMINAL PROSECUTION; PROVIDING FOR A FINE TO PERSONS FOUND TO BE IN VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. Sections 3 -1 and 3 -6 of the Code of Ordinances of the Town of Gulf Stream are hereby amended to provide that any person found to be in violation of the provisions thereof shall not be subject to criminal penalties but shall be subject only to a civil infraction and the payment of a fine in the amount of twenty -five dollars ($25.00) for each occurrence for which they are found to be in violation. Section 2. An infraction for purposes of this ordinance is a non - criminal violation which is not punishable by incarceration and for which there is no right to a trial by jury or a right to court - appointed counsel. Section 3. Any person wishing to contest any fine imposed under the provisions of this section may do so by appearing in the County Court of Palm Beach County. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. This ordinance shall be codified and made a part of the Official Code of Ordinances of the Town of Gulf Stream, Florida. Section 6. If any section, paragraph, clause, phrase or term of this ordinance be declared invalid, the same shall not operate to invalidate any other provisions. Section 7. This ordinance shall be in full force and effect from and after its passage and approval according to law. n PASSED AND ADOPTED on second reading this 13th day of September , 1985. ATTEST: Town Cler MAY 1 rA/ - 2 - August 27, 1985 Town of Gulf Stream Commissioners William F. Koch, Jr., Mayor Joel Hunter, Vice Mayer Alan I. Armour Robert J. Dixson Brian Pfeifler 246 Sea Road Gulf Stream, Florida 33444 Dear Commissioners: As president of the E1 Cortijo Condominium Association, I stringently urge you not to repeal or alter our present ordinance of prohibiting dogs on the beach. Much effort and time has been spent by the public officials of Gulf Stream and it residents in successfully placing this or- dinance on our books. To repeal it now on behalf of a very small minority would be an insult to the board to function on its own. Our neighbor Ocean Ridge had the good sense to pass this ordinance for the benefit of its residents; our board did the same. Do not repeal or change it. This ordinance is now on our books. It should and must be enforced, and our police department instructed to do so. Sincerely yours, William P. Stevens August 30, 1985 Honorable Mayor & Town Council, 246 Sea Road Gulf Stream, Florida 33444 Gentlemen, It has been brought to my attention that there has been a discussion on the bird sanctuary in regards to its future status within the town. It supposedly was offered to the Merritts for purchase as a bird sanctuary and it has even been discussed that there is a remote possibility that the deed restrictions could be changed to allow single family homes on the property. The reason for my inquiry is that I have an interested party by the name of Milord Construction Company which is presently developing Casa Serena next to the Somerset. The Milord Construction Company would be interested in purchasing the bird sanctuary which lies to the west of the Merritt property and to the south of Hidden Harbor Estates. Milord Construction would purchase it at the fair market value if the restrictions were lifted. The question is would the Town consider exploring the possibility of lifting the restrictions in order to sell the property. I know that this topic is controversial because of the fact that opposition amongst the Hidden Harbor residents and possibly even the people in the Driftwood Landing might oppose it. Honorable Mayor & Town Council August 30, 1985 Page two I am it is in the Town's can be done without go on existing as a responsible for the property. cringing this to your attention to see if best interest to consider a sale if it many problems. If not, the property will sanctuary and the Town would be maintenance of the seawall and the Please advise me if the council is willing to pursue this alternative so that I may advise my client. Sincerely, W. Scott Tiernan WST jkw