HomeMy Public PortalAbout10/18/1990PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Board of the Town of
Gulf Stream will hold a Public Hearing on Wednesday, October 3, 1990
at 9:00 A.M. and the Town Commission, sitting as the Board of Adjustment,
will hold a Public Hearing on Thursday, October 18, 1990 at 9:00 A.M.,
both in the Commission Chambers at the Town Hall, 100 Sea Road, Gulf
Stream, Florida at which the following will be considered:
An application submitted by Digby Bridges, Marsh & Associates,
Agent for Mr. & Mrs. Raymond Evans, 7100 South Lane Road,
Waite Hill, Willoughby, Ohio 44094 requesting a variance
from the provision of the following:
Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING
ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE - FAMILY
DISTRICT, Sub Section J; Front Yard Required, Paragraph 1.
Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING
ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE FAMILY
DISTRICT, Sub Section K; Side Yard Required, Paragraph 1.
Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING
ORDINANCE, Section XI; NON - CONFORMING USES, Sub Section
A, Paragraph 3; Alterations, and Paragraph 4, Extensions.
to permit the alteration and enlargement of a non - conforming structure
by the addition of a second story of approximately six hundred sixteen
(616) square feet, to be used as a maids quarters, above an existing
garage that would encroach approximately eleven (11) feet into the
required forty one and one quarter (41.25) foot front yard set back
and five (5) feet into the required fifteen (15) foot side yard set
back on the west side at 520 Banyan Road, Gulf Stream, Florida 33483
which is legally described as Lot 8, Polo Cove Subdivision.
ALL PERSONS INTERESTED in these matters may appear before the
Planning Board and the Board of Adjustment of the Town of Gulf Stream
at the time and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE PLANNING
BOARD OR THE TOWN COMMISSION SITTING AS THE BOARD OF ADJUSTMENT WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS PUBLIC HEARING, SAID PARTY WILL NEED A RECORD
OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, E.S.S.
Dated: August 29, 1990 TODR OF GULF STREAM, FLORIDA
Publish: Palm Beach Post -Times r 7��
1st Publication: September 17, 1990 Rita L. Taylor, T an Clerk
2nd Publication: September 27, 1990
THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF LAWS
AND ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS
LOCATION OUTSIDE THE FRONT DOOR.
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PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Board of the Town of
Gulf Stream will hold a Public Hearing on Wednesday, October 3,
1990 at 9:00 A.M. and the Town Commission, sitting as the Board of
Adjustment, will hold a Public Hearing on Thursday, October 18,
1990 at 9:00 A.M. in the Chambers of the Town Hall, 100 Sea Road,
Gulf Stream, Florida at which the following will be considered:
An application submitted by Fred & Donna Hartman,
Agents for "Villa D'Este" Condominum, 2665 N. Ocean Blvd..
Gulf Stream, Florida 33483 requesting a variance from the
provisions of the following:
Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING
ORDINANCE, Section VIII; "RM" MULTIPLE - FAMILY
RESIDENTIAL DISTRICT, Sub Section I; Side Yard
Required, Paragraph 1., and Sub Section N; Accessory
Building Requirements, Paragraph 1., Sub Paragraph a.
to permit the construction of a tool shed twelve (12) feet wide,
five (5) feet deep and six (6) feet high that would encroach
approximately eight and three tenths (8.3) feet into the required
forty one and seven tenths (41.7) foot side yard setback on the
north side at the address aforementioned which is legally described
as all of that part of the south 165 feet of the north 660 feet
of Government Lot 3, Section 3, Township 46 South, Range 43 East,
lying east of the east right -of -way of State Road A -1 -A.
ALL PERSONS INTERESTED in these matters may appear before the
Planning Board and the Town Commission of the Town of Gulf Stream
at the time and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
PLANNING BOARD OR THE TOWN COMMISSION, SITTING AS THE BOARD OF
ADJUSTMENT, 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 6, 1990 T WN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post -Times
1st Publication: September 18, 1990 Rita L. Taylory Town Clerk
2nd Publication: September 28, 1990
THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF
LAWS AND ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A
CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR.
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TO ALL WHOM IT MAY CONCERN
NOTICE IS HEREBY GIVEN that the Planning Board of the Town
of Gulf Stream will hold a Public Hearing on Wednesday, October
3, 1990 at 9:00 A.M. and the Town Commission, sitting as the Board
of Adjustment, will hold a Public Hearing on Thursday, October 18,
( 1990 at 9:00 A.M., Both in the Commission Chambers at the Town Hall,
Gulf Stream, Florida at which the following will be considered:
An application for a Special Exception submitted by
Daniels Brothers & Associates, Inc. to permit the
placement of a construction trailer as provided in
Ordinance No. 83 -1; ZONING, Part II; COMPREHENSIVE
ZONING ORDINANCE, Sub Section D; SPECIAL EXCEPTIONS,
Paragraph 1. of no greater than five hundred (500)
square feet in size, approximately twenty (20) feet
from the front property line and twenty (20) feet
from the side corner property line on the northwest
corner of Banyan Road and Polo Drive, and for the
placement of a temporary chain link construction
fence around the permiter of the property located
at the northwest corner of Banyan Road and Polo Drive
which is owned by Mr. & Mrs. James Orthwein.
ALL PERSONS INTERESTED in the matter may appear before the
Gulf Stream Planning Board and the Town Commission at the times
and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S.
Dated: September 11, 1990 TOWN OF GULF STREAM, FLORIDA
' /7t,& K, re�zk —
Rita L. Taylor,,//Town Clerk
THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF
LAWS AND ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A
CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR.
OCTOBER 13, 1990
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
REGULAR MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION /BOARD OF
ADJUSTMENT OF GULF STREAM, FLORIDA TO BE HELD ON THURSDAY, OCTOBER 18,
O1990 AT 9:00 A.M. IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF
STREAM, FLORIDA.
AGENDA
I. Call to Order
II. Roll Call
III. Minutes
A. Regular Meeting & Public Hearing of September 11, 1990
B. Public Hearing (Budget) of September 11, 1990
C. Public Hearing for Budget Adoption September 20, 1990
D. Special Meeting & Public Hearing of September 28, 1990
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. PUBLIC HEARING
A. Variances - Board of Adjustment
1. Digby Bridges, Marsh &Associates, Agent for Mr. & Mrs.
Raymond Evans, 7100 South Lane Road, Waite Hill,
Willoughby, Ohio 44094 requesting variance to permit the
alteration and enlargement of a non - conforming structure
by the addition of a second story over the existing garage
that would encroach 11' into the required 41'h' front yard
setback and 5' into the required 15' west side yard setback
at 520 Banyan Road, legally described as Lot 8, Polo Cove
Subdivision.
2. Fred & Donna Hartman, Agents for Villa D'Este Condominium,
2665 N. Ocean Blvd., Gulf Stream, F1. 33483 requesting a
variance to permit construction of a small tool shed that
would encroach 8.3' into the required 41.7' north side vnrA
setback at the address aforementinnAA
B. Special Exceptions
1. Daniels Brother,
212, West Palm
place a const
corner of tr
line adjac
adjacent
chain 1.4
proper'
corne,
Lot
TOWN COMMISSION /BOARD OF ADJUSTMENT
Regular Meeting /Public Hearing October 18, 1990
VI. Site Plan Review Continued
D. Lisa K. Dunlevie, Design Associates West, 2732 -A East Coast
Highway, Corona Del Mar, Calif. 92625, Agent for Steven D.
Wymer, 2401 Santiago, Newport Beach, Calif. 92660- Construction of
a two story attached garage to the single family dwelling that
has been approved for construction on a vacant parcel in the
3300 block of N. Ocean Blvd.
E. Seawood Builders, Agent for Patricia Ciasulli, 3545 N. Ocean Blvd.
Gulf Stream, F1. 33483- Construction of a front perimeter wall and
height extension of existing side perimeter walls at the afore-
mentioned address.
VII. Reports
A. Town Manager
1. Water Usage
2. Cardinal Circle -One Way Street
B. Town Attorney
C. Planning Board
D. Financial Director
E. Police Department
F. Construction in Progress
VIII. Items for Commission Action
A. Employee Retirement Plan
1. ICMA 401 Pension Plan
2. ICMA Deferred Compensation Plan
B. Homeowners Sewer Project
1. Easement Agreement -Mr. Hallock
C. Items by Commissioners
1. Development Restrictions Imposed by Palm Beach County
Dept. of Environmental Resources Mgmt. -Mayor Koch
IX. Correspondence
A. Request for modification of agreement for first - response ALS
service - Bethesda Ambulance Seruir-
B. Resolution Resolution No. 90 -YY'
of review responsib
as the Florida Lar
C. Resolution 90 -20
to allow munici
Town of Juno F
D. Urging Citiz,
1990 ballot
counties.
1. Reso"
2. Res
9 Rr
REGULAR MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION /BOARD OF
ADJUSTMENT OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON
THURSDAY, OCTOBER 18, 1990 AT 9:00 A.M.
I. Call to Order
The meeting was called to order at 9:00 A.M. by the Hon. William
F. Koch, Jr., Mayor.
II. Roll Call
Present: William F. Koch, Jr. Mayor
Alan I. Armour Vice Mayor
James E. Cross Commissioner
Kathleen S. Wallace Commissioner
Absent: Lawrence E. Stahl Commissioner
(with notice)
Also Present: Franklin E. Flannery Town Manager
John Randolph Town Attorney
Richard Brandt Code Enforcement Officer
Robert Schultz Police Chief
William Mayer Chairman, Planning Bd.
Charles Eaton Vice Chairman, Planning Bd.
Digby Bridges Applicants Agent
Daniel Mahoney Applicants Agent
Harry Kates Town Resident
Scott Restler Bethesda Ambulance Represent.
John Breazeale Task Force Member
Loretta Riegler ICMA Retirement Corp.
Charles Hallock Homeowner's Association
III. Minutes
A. Regular Meeting & Public Hearing of September 11, 1990.
Commissioner Armour moved and Commissioner Cross seconded that the
minutes be approved as circulated and all voted AYE.
B. Public Hearing (Budget) of September 11, 1990.
Commission Cross moved that the minutes be approved as circulated,
seconded by Commissioner Armour and all voted AYE.
C. Public Hearing for Budget Adoption September 20, 1990.
Commissioner Armour moved that the minutes be approved as circulated,
seconded by Commissioner Cross and all voted AYE.
D. Special Meeting & Public Hearing of September 28, 1990.
Commissioner Armour felt that it should be noted in the minutes that the
date and time of the Special Meeting had been announced at the Public
Hearing held September 11, 1990 and called attention to the fact that
in the four items that were a condition of granting the variance for the
swimming pool and pool equipment room at the Gulf Stream Bath and Tennis
Club, it should be made clear that access to the Club House was only for
members of the Club living in the South Hampton Condominium and that
the word existing should be placed before the words Australian Pines
in item number 2. He was also concerned that it be clear that no one was
present at the Hearing to oppose the granting of the variances. Commissionex
Armour then moved that the minutes of September 28, 1990 be approved
as amended. The motion was seconded by Commissioner Cross and all voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items
The Town Clerk advised there had een several items received after
the agenda has been prepared and asked to have the following added:
Town Commission Meeting Minutes of October 18, 1990 page
Item IX.D.6. Resolution from West Palm Beach urging support of
Amendment #,3 on November, 1990 Ballot.
Item IX.E. Resolution from Palm Beach opposing County efforts
to make all County Ordinances related to environmentaly
sensitive lands apply to municipalities.
Item IX.F. Letter from Sheriff Wille & Commissioner Elmquist
requesting a Resolution for Crime Awareness Week
Item IX.G. Letter from Palm Beach County requesting support for
redistribution of local option gas tax revenues.
Item IX.H. Letter from Town of Palm Beach opposing any redistribu-
tion of local option gas tax revenues.
There were no objections to adding these items.
V. PUBLIC HEARING
A. Variances -Board of Adjustment
1. Digby Bridges, Marsh & Associates, Agent for Mr. & Mrs.
Raymond Evans, 7100 South Lane Road, Waite Hill,
Willoughby, Ohio 44094 requesting variance to permit the
alteration and enlargement of a non - conforming structure
by the addition of a second story over the existing garage
that would encroach 11' into the required 414' front yard
setback and 5' into the required 15' west side yard setback
at 520 Banyan Road, legally described as Lot 8, Polo Cove
Subdivision.
Mayor Koch relinquished the gavel to Vice Mayor Armour in that he may have
a conflict as his firm had participated in the sale of the property.
Vice Mayor Armour asked for the recommendation of the Planning Board
regarding this request for variance. Vice Chairman Eaton reported that
the Planning Board recommends approval. There was no Public Comment and
no written comments had been received. Commissioner Wallace confirmed
that the second story addition did not exceed the measurements of the
existing garage. Commissioner Cross moved that the variance be granted
as requested, seconded by Commissioner Wallace..__Roll_Call:- Comm. Wallace;
APE, Comm. Cross; AYE, Vice Mayor Armour; AYE, Mayor Koch Abstained.
Vice Mayor Armour advised that consideration would now be given to the
site plan review of this project at 520 Banyan Road which is listed on
the Agenda as Item VI.A. Commissioner Cross moved that the site plan
for the addition of a second story above the existing garage which will
be used as maids quarters that is owned by Mr. & Mrs. Raymond Evans, be
approved as requested. Vice Chairman Eaton, representing the Planning
Board, had previously reported that the Planninq Board recommended approval.
The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace;
AYE, Commissioner Cross; AYE, Vice Mayor Armour; AYE, Mayor Koch Abstained
Vice Mayor Armour returned the gavel to Mayor Koch.
�? 2. Fred & Donna Hartman, Agents for Villa D'Este Condominium,
2665 N. Ocean Blvd., Gulf Stream, F1. 33483 requestinq a
variance to permit construction of a small tool shed that
would encroach 8.3' into the required 41.7' north side yard
setback at the address aforementioned.
Commissioner Armour questioned if the shed would be properly screened
with landscape material. Mr. Brandt, Code Enforcement Officer, advised
that it will be screened but that the proposed location, between two
buildings, will only be visible to those residents of the Villa D'Este
Condominium. Mr. Eaton reported that the Planning Board recommends that
the variance be approved as requested. There was no comment from the
public and Commissioner Armour moved that the variance be granted as
requested, seconded by Commissioner Cross and all voted AYE.
Town Commission Meeting Minutes of October 18, 1990 page 3.
Mayor Koch stated that consideration would now be given to the site plan
review of this project which is listed on the agenda as item VI.B. Mr.
Eaton advised that the Planning Board recommends approval of the site plan.
Commissioner Cross moved that the site plan covering the construction of
a small tool shed at the Villa D'Este Condomirium, 2665 N. Ocean Blvd., be
approved as submitted, seconded by Commissioner Armour, and all voted AYE.
B. Special Exceptions
1. Daniels Brothers & Associates, Inc. 1280 N. Congress, Suite
212, West Palm Beach, F1. 33409 requesting permission to
place a construction trailer that would be located on the
corner of the property approximately 20' from the property
line adjacent to Polo Drive and 20' from the property line
adjacent to Banyan Road, and to erect a temporary 6' high
chain link construction fence around the perimeter of the
property owned by Mr. & Mrs. James Orthwein on the northwest
corner of Banyan Road and Polo Drive legally described as
Lot 5, Block 3, Plat #1 Polo Fields Subdivision.
Mayor Koch relinquished the gavel to Vice Mayor Armour in that he may have
a conflict due to the fact that his firm had participated in the sale of
the property in question.
Vice Mayor Armour asked for the recommendation of the Planning Board. Mr.
Eaton stated that the Planning Board recommends that the request be
granted. There was no comment from the public and Commissioner Cross
moved that the Special Exception be granted as requested. Commissioner
Wallace seconded the motion. Roll Call: Commissioner Wallace; AYE, Commis-
sioner Cross; AYE, Vice Mayor Armour; AYE, Mayor Koch Abstained.
Vice Mayor Armour announced that inasmuch as he would be chairing the
consideration of the site plan review for the special exception just
granted, the site plan, listed on the agenda as Item VI.C. would now be
considered. Mr. Eaton advised that the Planning Board once again recom-
mends approval. Commissioner Wallace moved and Commissioner Cross
seconded that the Site Plan submitted to cover the placement of a
construction trailer and installation of a temporary construction fenced
around the perimeter of the property owned by Mr. & Mrs. James Orthwein on
the corner of Banyan Road and Polo Drive be approved as submitted. Roll
Call: Comm. Wallace; AYE, Comm. Cross; AYE, Vice Mayor Armour; AYE,
Mayor Koch, Abstained.
VI. Site Plan Review
A. Digby Bridges, Marsh &'Associates,Agent for Mr. & Mrs. Raymond
Evans, 7100 South Lane Road, Waite Hill, Willoughby, Ohio 44094 -
Addition of a second story above the existing garage, to be
used as maids quarters at 520 Banyan Road, Gulf Stream, F1. 33483.
This item was acted upon under item V.A.1. earlier on the agenda.
B. Fred & Donna Hartman, Agents for Villa D'Este Condominium, 2665
N. Ocean Blvd., Gulf Stream, F1. 33483- Construction of a small
tool shed.
Action was taken on this item under Item V.A.2. earlier in the meeting.
C. Daniels Brothers
WEst Palm Beach,
and Installation
perimeter of the
the corner of Ba
This matter was considered
& Associates, Inc. 1280 N. Congress, Suite 212,
F1. 33409 - Placement of Construction Trailer
of a temporary Construction Fence around the
property owned by Mr. & Mrs. James Orthwein on
zyan Road and Polo Drive.
under Item V.B.1. earlier on this agenda.
Town Commission Meeting Minutes of October 18, 1990 Page 4.
D. Lisa K. Dunlevie, Design Associates West, 2732 -A East Coast
Highway, Corona Del Mar, Calif. 92625, Agent for Steven D.
Wymer, 2401 Santiago, Newport Beach, Calif. 92660- Construction
of a two story attached garage to the single family dwelling
that has been approved for construction on a vacant parcel in
the 3300 block of N. Ocean Blvd.
Vice Mayor Armour asked Mr. Eaton for the Planning Board's recommendation.
Mr. Eaton advised that the Planning Board recommends that the site plan
be approved as presented. Mr. Brandt explained that while the agent is
a California Architect, Mr. Wymer has also retained a Florida Registered
Architect to meet the requirements of the Code. Commissioner Cross
moved and Commissioner Wallace seconded that the site plan be approved
as presented and the roll call vote was as follows: Comm. Wallace; AYE,
Comm. Cross; AYE, Vice Mayor Armour; AYE, Mayor Koch Abstained.
Vice Mayor Armour returned the gavel to Mayor Koch.
E. Seawood Builders, Agent for Patricia Ciasulli, 3545 N. Ocean
Blvd., Gulf STream, F1. 33483 - Construction of a front perimeter
wall and height extension of existing side perimeter walls at
the aforementioned address.
Mayor Koch asked for the Planning Board recommendation to which Mr. Eaton
replied that they recommend that the site plan be approved as presented.
Mr. Daniel Mahoney of Seawood Builders representing the applicant was
questioned as to the size of the landscaping plants that were planned.
He advised that the sizes that are shown on the landscape design are the
sizes that will be installed, not small plants that will have to grow to
the desired size. Commissioner Armour moved and Commissioner Cross
seconded that the site plan be approved as presented and all voted AYE.
VII. Reports
A. .Town Manager
1. Water Usage
Town Manager Flannery reported that the water usage for the
Town was 21% less at the end of September than it was at the same time in
1989. He added that we are still requesting that residents continue to
cut back on water usage and reminders to that effect have been included
in all the mailouts.
2. Cardinal Circle -One Way Street
Mr. Flannery called attention to the letter that was
received from the Palm Beach County Engineers Office advising of their
findings after a review of the signage on Cardinal Circle. The report
advised that the street was properly designated as one -way since there
was a 90 degree turn at which the paved portion of the roadway is of
inadequate width. Mr. Harry Kates, resident on Avenue Au Soleil, requested
to be heard and was recognized by Mayor Koch. Mr. Kates felt that there
had been an encroachment of property owners at the 90 degree turn which
caused the narrowing of the street or that the street was improperly
�f designed from the beginning. He stated that the same condition exists
on Avenue Au Soleil with 90 degree turns, and felt that if Cardinal
Circle were to be one -way then one -way restrictions should be placed at
all locations with 90 degree turns and inadequate street width. He also
felt that anyone who violated the one -way restriction should receive a
citation from the police. In so stating, he added that he frequently
observes residents on the street violating the one -way restrictions.
Mr. Flannery reminded that police officers have a right of discretion
in the issuance of citations and he questioned if the members of the
Commission intended that citations be issued in all instances, disregarding
the judgement of the officer.
Town Commission Meeting Minutes of October 18, 1990 page 5
Regarding the creation of additional one -way streets, Commissioner Wallace
commented that there have been no complaints of hazardous condiiDns or
problems on Au Soleil and that the Town does have the authority to
regulate local streets. She noted that every resident on Cardinal Circle
had requested the one -way designation and therefore the two situations
should not be compared. Commissioner Armour suggested that a letter be
written to each of the residents who signed the petition favoring the one -
way street designation advising them of the report from the engineers
office and further asking for their cooperation in obeying the one -way
Crestriction. Members of the Commission concurred with Commissioner Armour
% and Mr. Flannery was directed to send the proper letters.
Mr. Flannery advised that Mr. Scott Rester of Bethesda Ambulance was
in the audience and that the item he would be addressing is on the
agenda as Item IX. A. He suggested that the request for the modification
of the agreement for first - response ALS Service supplied by Bethesda
Ambulance Service be considered at this time. Mayor Koch so directed.
Mr. Flannery explained that a cost evaluation had been completed by
Bethesda Ambulance and they find that if the agreement is to be renewed
at expiration on February 22, 1991, it will be necessary that the three
Town's, Briny Breezes, Gulf Stream, and Ocean Ridge, share an additional
$115,000 charge for the service. He reported that representatives of the
three Town's had met with Mr. Rester in an effort to resolve the problem.
He said that no conclusions had been reached and that Mr. Rester agreed
to appear before each governing body to answer any questions. Mr. Flannery
stated that Ocean Ridge received 65% of the calls, Briny Breezes 20% and
Gulf STream 15% but that Ocean Ridge had indicated they would not be
willing to accept 65% of the additional cost. He said there had also been
discussion about arriving /F formula using the percentage of use, the
populations and the property values. Mr. Rester stated that they could
not cut the cost any at all and they wanted to give the Town's as much
time as possible in the event they wanted to seek other service. Mr.
Flannery stated that some consideration had been given to asking Bethesda
for a cost figure if the service were to be provided from west of the
waterway which of course would drop the level of service from a dedicated
ALS response. Mr. Rester advised that it was possible that the Medical
Director would not be willing to provide this type of service but that
he would discuss the matter with him. Town Manager Flannery advised that
he had asked the City of Delray Beach for a quotation and had been advised
that Delray Beach would supply full fire protection and ALS Service for
$120,000 per year. Mayor Koch noted that Gulf Stream has a fire contract
with Ocean Ridge until 1992 and it is questionable if that could be
dropped. He added that he felt that in the future this would be the best
for the Town and directed that the Town Manager stay in contact with Delray
to see if for the present time they would be willing to supply only the
medical service. He felt that for the present, the Town's should try to
work out some way to continue with Bethesda Ambulance and pointed out that
the $115,000 would be the annual charge but that only 7 months of that
figure would be required from the current budget. Members of the Commission
agreed and Town Manager Flannery was directed to continue to meet with the
other Town's in an effort to resolve the financial problem.
B. Town Attorney
Town Commission Meeting Minutes of October 18, 1990 page 6
Attorney Randolph advised that he had received a letter from the
Community Appearance Task Force containing their recommendations
for establishing an architectural review board as directed by the
Commission at the May 9th meeting. He further advised that the
recommendations were basically those discussed at that meeting and
that he had subsequently spoken with Mr. Breazeale over the phone with
regard to whether the Task Force should try to integrate them into
the duties of the Planning Board or if he should. Mr. Randolph felt
that he would most likely know better at what areas they should be
inserted in the Code. Mayor Koch observed that the Commission did not
have a copy of the recommendations and that the Planning Board had not
acted on them as yet. Mr. Breazeale, speaking from the audience, stated
that the content of the letter to Mr. Randolph was what was presented
to the Commission and the Planning Board at the Joint Workshop Meeting
that was held on May 9, 1990 at which the Task Force was directed to
to review the current Code and suggest how the recommendations should
be integrated in it. He stated that the Commission indicated that
this would be acted upon along with the zoning changes that were being
considered. Mayor Koch stated that it would be necessary that the
Planning Board consider them first and he directed that the Planning Board
hold a special meeting for this purpose and that Mr. Randolph have
prepared a document for Commission review at the November Commission Meeting,
C. Planning Board
There was no report from the Planning Board
Mr. Flannery pointed out that Mr. Charles Hallock, representing the
Homeowners Association was in the audietnce and that the consideration
of an easement agreement related to the Homeowners Sewer Project appears
on the agenda as Item VIII.B.1. He suggested that perhaps that item could
be considered at this point. Mayor Koch so directed.
Mr. Hallock was recognized and explained that the proposed easement
agreement had been amended to include the language requested by the Commis-
sion with regard to placing liens on the properties in the event the Town
was forced to maintain the sewer syste5 or make repairs, in order to recover
the cost of same. He stated that the maintenance agreement had been
approved by Palm Beach County Health Department and was in the process of
being executed. He briefly described the details of the agreement. Mr.
Hallock reported that the common portion of the system was in. Attorney
Randolph added that he and Mr. Hallock had discussed the easement
agreement prior to the meeting and there were some changes to be made in
the language to enable the condition regarding the ability of the Town
to lien the properties to be recorded in the property records. He said
that Mr. Hallock would be working with his attorney on this and any other
matters that are in question. Mayor Koch assured Mr. Hallock that the
Commission is anxious to be of any help necessary in expediting the project
but there had been a vote of the people in Gulf Stream that no public
funds were to be expended for sewers and the Commission must take care that
the mandate is followed. Mr. Hallock stated that the matter of the
recording of the lien provision must go to the homeowners involved and
be accepted by them before the project moves ahead. Commissioner Armour
then moved that the EAsement Agreement be executed upon approval by Attny.
Randolph, seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
Town Commission Meeting Minutes of October 18, 1990 Page 7
D. Financial Director
In the absence of Mr. Gwynn, Finance Director, Town Manager
Flannery presented the financial report. He pointed out that the report
shows that the Town is ending the fiscal year with a surplus of $32,000
whereas it had appeared certain early in the year that there would be a
deficit. He thanked the employees for helping with all the extra chores
at no pay and economizing in all areas. Commissioner Armour moved that
the report be approved as presented, seconded by Commissioner Wallace
and all voted AYE.
E. Police Report
C Chief Robert Schultz reported on the police activity for the
month of September and advised that he had hired two new officers in
September and one in October, bringing the Department to full strength.
He further reported that he had order /Vwo new vehicles and hoped for
delivery in mid November as the down time on the present vehicles is
rapidly increasing and has reached an unacceptable level.
F. Construction in Progress
The report shows that the construction in progress in September,
1990 has a dollar value of $9,985,649.00.
VII. Items for Commission Action
A. Employee Retirement Plan
1. ICMA 401Q Pension Plan
Town Manager Flannery reminded that in the fiscal year
1989 -1990, it had been voted unanimously to set the pension contributions
by the Town at 10.6% of gross base pay for all employees and to implement
a new pension system. He advised that at the direction of the Commission,
he and staff had reviewed several different plans and have determined
the ICMA 401Q best suits the needs. He also advised that all employees
have been advised of the benefits of the plan, have been supplied with
all material related to the plan, and have met with the plan representative
to have any questions answered that they might have. All employees are
satisfied with the 401Q, he said. He explained that this is a defined
contribution plan, not a defined benefit plan, and that each employee
will have control over how his share and that of the Town's is invested.
In addition, this will be a five year cliff plan with each employee being
20% vested each year beginning with the first day of employment. He then
introduced Mrs. Loretta C. Riegler, Area Manager with ICMA Retirement
Corporation who explained the entire plan in detail along with giving
the background on ICMA which included an explanation that ICMA is non - profit,
was organized to provide for municipal employees and has over 4,000 groups.
Mayor Koch was concerned that the Town would have some liability if the
funds were notinvested properly. Mrs. Riegler assured the Comm. that it's
the sole responsibility of the employee and ICMA. Mr. Armour asked if
the Town could cancel the agreement in the future and what the penalty for
doing so would be. Mrs. Riegler advised the Town could Cancel at anytime
i and there was no penalty. She also advised there is no charge to the
Town and that the only costs involved for the Town are those of the
adoption process and the payroll deduction which will be 58 from each
employees check for the employee contribution. All Commissioners present
commented that they felt the plan is a good plan and questioned what the
next step would be for implementation. Mrs. Riegler advised that there
are Resolutions to adopt and that ICMA furnishes the document if desired
or if the Town would prefer, the Town Attorney could prepare one. Attny.
Randolph advised that the current plan was done by Ordinance and it will
be necessary that it be repealed. The Commission directed that Mrs.
Riegler send Attorney Randolph the documents provided by ICMA at once and
then directed Attorney Randolph to review them and do whatever was necessary
to to repeal the current plan and adopt the 401Q with ICMA. Commissioner
Town Commission Meeting Minutes of October 18, 1990 page 8
Armour moved that the 401Q Pension Plan offered by ICMA be approved
subject to adoption of a final Resolution and any other amendments required
in the current ordinances. The motion was seconded by Commissioner Cross
and all voted AYE on a roll call vote.
2. ICMA Deferred Compensation Plan
Mrs. Riegler explained that this is voluntary plan for
employee contributions only with such contributions being withheld from
the payroll check. The IRS provides that no income tax be paid on these
monies until such time as they are withdrawn from the fund. She explained
that these funds may be withdrawn only at reaching retirement, on the
C
death of the contributor or for an unforseen emergency. She made it
very clear that there are very few unforseen emergencies that are acceptable
in the eyes of the IRS. Mayor Koch was concerned that the decision as
to what really was an unforseen emergency would be the responsibility of
the Commission and he was reluctant to accept that. Mrs. Riegler advised
that the ICMA will make the decision as a consultant based on the guide-
lines of the IRS but it would be necessary for the Town to officially
accept it. She stated that ICMA will even contact the employee directly
if the Town so desired. Mr. Flannery and Town Clerk Taylor advised that
they had funds in the ICMA Deferred Compensation Plan with other municipalit-
ies and if Gulf Stream establishes the plan, they would move their funds
into Gulf Stream. Mr. Flannery added that these monies would enhance the
Town's financial statement. All Commissioners agreed that ICMA act as the
consultant regarding requests for withdrawals and that their recommendation
be followed by the Commission in all instances. With this understood,
Commissioner Wallace moved to approve the ICMA Deferred Compensation Plan
subject to adoption of the appropriate Resolution. The motion was seconded
by Commissioner Armour and all voted AYE on a roll call vote.
B. Homeowners Sewer Project
1. Easement Agreement -Mr. Hallock
This item was acted upon earlier in the meeting under the
section VII., Reports
C. Items by Commissioners
1. Development Restrictions Imposed by Palm Beach County
Department of Environmental Resources Management -Mayor Koch
Mayor Koch called attention to letters in the agenda packet
from the DER in relation to the development of an ocean front parcel owned
by Mr. McGraw. These detail the restrictions being placed on the develop-
ment by the DE1M under the Countywide Dune Protection Ordinance adopted by
Palm Beach County. Mayor Koch stated that it appears there is nothing the
Town can do in this instance as the project is underway but he felt the
Town should investigate to find out what could be done to prevent Palm
Beach County from dictating what can be done in Gulf Stream. He pointed
out that this is just an example of what they are doing as they are
reaching into many areas that should remain the responsibility of local
government.
IX. Correspondence
A. Request for modification of agreement for first- response
ALS Service - Bethesda Ambulance Service, Inc.
This item was considered earlier on the agenda under item VII.
Reports, A., Town Manager, item number 3.
O
Town Commission Meeting Minutes of October 18, 1990 page 9
B. Resolution No. 90- YYYYYY; Expressing concern regarding
expansion of review responsibility of Governor & Cabinet in their
capacity as the Florida Land & Water Adjudicatory Commission -
City of Boynton Beach
Resolution 90- YYYYYY from the City of Boynton Beach was noted
and made a part of the record.
C. Resolution 90 -20; Requesting Legislators to enact legislation
to allow municipalities to withdraw from Florida Retirement
System -Town of Juno Beach
Mayor Koch noted that while the Town of Gulf Stream is not a
part of the Florida Retirement System he would like to show some support
for this movement. Members of the Commission had no objection to doing so
and Mayor Koch directed Town Manager Flannery to send a letter of support
to the Town of Juno Beach.
D. Urging Citizens to support Constitutional Amendment #3 on
November 1990 ballot limiting unfunded state mandates on cities
and counties.
1. Resolution No. 90- DDDDDD, City of Boynton Beach
2. Resolution No. 90 -43, Greenacres City
3. Resolution No. 90 -21, Town of Juno Beach
4. Resolution No. R- 19 -90, Town of Lantana
5. Resolution No. 18- 89/90, Village of Tequesta
6. Resolution No. 210 -90, City of West Palm Beach
It was noted that the Town of Gulf Stream had adopted a similar
Resolution several months previously.
E. Resolution 78 -90; Opposing efforts of Palm Beach County to
make all County Ordinances related to environmently sensitive
lands apply to municipalities -Town of Palm Beach.
Mayor Koch pointed out this is another attempt by the County
to control what goes on in municipalities and he would like to oppose
this move. Commissioner Armour moved and Commissioner Cross seconded
that a resolution similar to that of Palm Beach be prepared. All voted AYE.
F. Letter requesting a resolution for "Crime Awareness Week" October
27 to November 3, 1990- Sheriff Wille & Commissioner Elmquist
The request was made a part of the record.
G. Request for redistribution of local option gas tax -Palm Beach Co.
The item was noted and made a part of the record
H. Opposing any redistribution of local option gas tax -Town of
Palm Beach
The Town Clerk explained that for several years the Towns and
Palm Beach County have been sharing the proceeds of the local option gas
tax and that now the agreement for this sharing is expiring. Palm Beach
County is requesting that the percentage received by the County be increased.
The Town of Palm Beach is opposing any change in the distribution, she said
All Commissioners agreed that Gulf Stream does not favor a change and the
Town Manager was directed to prepare a letter similar to that submitted by
the Town of Palm Beach.
X. Public
There was no comment from the public.
XI. Adjournment
Mayor Koch adjourned the meeting at noon.
Town Commission Meeting Minutes of October 18, 1990 page 10
C'
ATTEST:
I�J(-Lz
Town Clerk
U
Mayor Koch
Vice Mayor Armour
ssioner Cross
Commissioner Stahl
Commissioner Wallace
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I NI NA:ML— I'IRST NAME — ::MIDDLE NAML NAME OI' BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE
Koch, William F., Jr. Town Commission —Gulf Stream
IIAII ING AUDRI SS THE BOARD, C'OUNC'IL, COMMISSION, AUTHORITY. OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
XR rY COUNTY I I OTHER LOCAL AGENCY
'.111 COUNTY
NAME OI' 1'OLI'fl C'AL SUBDIVISION:
Gulf Stream Palm Beach Town of Gulf Stream
u AIL ON N'IIICH worE oC'
EI.EcrIvI, APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary gfcatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
If YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING P.T WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
+11 HIM PAGE I
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
1 William F. Koch, Jr- hereby disclose that on October 18 1990 19I
(a) A measure came or will come before my agency which (check one)
_XX inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
by whom I am retained.
A request for a Special Exception to permit placement of a
construction trailer and construction fence on a parcel of
property owned by James Orthwein at the corner of Banyan Road
and Polo Drive and a site plan review of the proposed structures
was submitted by Daniels Brothers & Associates for consideration
at this meeting.
My firm participated in the sale of the property to Mr. Orthwein.
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
PAGE
CE I'ORM AR - 10 -86
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I %II NAML -I IRST NAME - MIDDLE NAME NAME OI' BOARD, COUNCIL. COMMISSION, AU "rHORITY, OR COMMITTEE
Koch, William F., Jr. I Town Commission —Gulf Stream
NIAH ING
545 Golfview Drive
PAIL. ON %%HICH VOrE OCCURRED
October 18, 1990
COUN I Y
THE BOARD, C'OUNC'IL, COMMISSION, AUTHORITY. OR COMMITTEE ON
WHICH I SERVE IS A UNI1" OP:
COUN "rY I 'OTHER LOCAL AGENCY
Town of Gulf Stream
NIl POSIT "ION IS:
aC ELEC(IVE APPOINTIVE
WHO MUST FILE FORM 8B
'this form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
With a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary gteatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
:A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other focal public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
i
person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
]F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
+H 111 96 PAOP. 1
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:
• You should disclose orally the nature of your conflict In the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in, the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
William F. Koch, Jr. , hereby disclose that on nr +nhpr 1R. 1 00p , 19_i
(a) A measure came or will come before my agency which (check one)
xx inured to my special private gain; or
_ inured to the special gain of
(b) The measure before my agency and the nature of my interest in the mensure is as follows:
1,
by whom 1 am retained.
A request for a Site Plan Review to add a garage to a dwellinq
under construction in the 3300 block of N. Ocean Blvd. submitted
by Steven Wymer was considered at this meeting.
My firm participated in the sale of the property to Mr. Wymer.
o-AI/ -9()
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
PAGE
CE I nR�t 8n - 10 -96
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I \�I NAML —FIRST NAME — .MIDDLE NAME NAME 01' BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Koch William F. Jr. rnmMig
'.I: \II ING : \UURIaS THIS BOARD, C'OUNC'IL, C(1MMIs510N, AUTHOR 1 ,R MMITTEE ON
WHICH 1 SERVE IS A UNIT OF:
545 Golfview Drive 3excrrY COUNTY 1 ! OTHER LOCAL AGENCY
:III
'H %OrE OCCURRED
oer 18. 19S
C'OUN'TY
NAME OI POLII ICAL SUHUIVISIUN:
Town of Gulf Stream
MY' POSITION IS:
}{ ELGCTIVG AI'POI N'nVE
WHO MUST FILE FORM 8B
This form is Ibr use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law, when faced with a measure in which you have a conflict of interest will vary gfeady depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
11- YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
' -11 III M6 PAGI I
.A
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:
• You should disclose orally the nature of your conflict In the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in' the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
1 William F. Koch, Jr. , hereby disclose that on hr- --nhar 12,_1 qqn --, 19
(a) A measure came or will come before my agency which (check one)
xx inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
i,
by whom I am retained.
A request for a variance to permit a second story addition on a
garage at 520 Banyan Rd. and a site plan review of the project was
submitted by Raymond Evans for consideration at this meeting.
My firm participated in the sale of the property to Mr. & Mrs. Evans.
i
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
PAGE
CE rnR,%t 811 - 10 -86