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HomeMy Public PortalAbout03/08/1991March 1, 1991 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Lawrence E. Stahl Kathleen S. Wallace REGULAR MEETING OF THE TOWN COMMISSION OF GULF STREAM, FLORIDA TO BE r� HELD ON FRIDAY, MARCH 8, 1991 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 VIII. Reports A. Town Manager 1. Water Usage 2. Ordered to Active Duty with Coast Guard -Town Manager Flannery B. Town Attorney C. Architectural Review & Planning Board 1. Recommendation for composition of the Board D. Financial Director 1. Financial Report for February, 1991 E. Police Department. F. Construction in Progress IX. Items for Commission Action A. Ordinance #91/14; Adopting amendments to the Comprehensive Plan (2nd reading & adoption) B. Release; To discharge Palm Beach County from the Amended Final Judgement as to interest due the Town from the Palm Beach County Road & Bridge Fund. C. Balance Due Ocean Ridge for Fire Protection for 1989 -1990 D. Supplemental Personnel for Town Hall. A. Regular Meeting of February 8, 1991 B. Special Meeting of February 21, 1991 IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements A. County Election -March 12, 1991 -7A.M. to 7 P.M. -Bond Referendum B. Next Regular Meeting -April 12, 1991 at 9 A.M. VI. Public Requests A. Task Force - Presentation of proposed Ordinance Changes. VII. Site Plan Review A. Rex Nichols, Agent for Bruce McKinney, 40 Industrial Park Rd., Plymouth, Ma. 02360- Continued Site Plan Review from February 6, 1991 to construct a two story single family dwelling at 3603 N. Ocean Blvd., Gulf Stream, Florida. B. Mr. & Mrs. Mason Heydt, 2883 Banyan Blvd., Circle N.W., Boca Raton, Florida 33431 -Site Plan Amendment to include only the single story addition and installation of bay windows at 541 Banyan Road. C. Sam S. Caliendo, Agent for Gerry and Mary Lipkanich, 17217 Huntington Parkway, Boca Raton Polo Club, Boca Raton, Florida 33496- Construct a two story single family dwelling at 3223 N. Ocean Blvd., Gulf Stream, Florida. VIII. Reports A. Town Manager 1. Water Usage 2. Ordered to Active Duty with Coast Guard -Town Manager Flannery B. Town Attorney C. Architectural Review & Planning Board 1. Recommendation for composition of the Board D. Financial Director 1. Financial Report for February, 1991 E. Police Department. F. Construction in Progress IX. Items for Commission Action A. Ordinance #91/14; Adopting amendments to the Comprehensive Plan (2nd reading & adoption) B. Release; To discharge Palm Beach County from the Amended Final Judgement as to interest due the Town from the Palm Beach County Road & Bridge Fund. C. Balance Due Ocean Ridge for Fire Protection for 1989 -1990 D. Supplemental Personnel for Town Hall. Regular Meeting of the Town Commission page -2- March 8, 1991 at 9:00 A.M. AGENDA CONTINUED X. Correspondence A. Advising that the issue of Landmark Preservation has been tabled -Task Force B. Resolution R- 91 -21; Adopting a unit of the United States Armed Services -City of Boynton Beach C. Resolution 91 -3; Supporting the present form of the Solid Waste Authority and the continued Municipal Representation thereon - Town of Juno Beach D. Urging the Legislative Delegation to introduce legislation to exempt small communities from meeting the requirements of Comprehensive Planning if the elements do not exist -Town of Lake Clarke Shores E. Water Consumption and Regulation 1. Letter from Dr. Donaty 2. Letter from Peggy Gray 3. Letter from Ettore Barbatelli, Sr. XI. Public XII. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. REGULAR MEETING OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON FRIDAY, MARCH 8, 1991 AT 9:00 A.M. I. Call to Order The meeting was called to order at 9:00 A.M. by Mayor William F. Koch, Jr. II. Roll Call Present: CAbsent: Also Present: III. Minutes William F. Koch, Jr Alan I. Armour James E. Cross Kathleen S. Wallace Lawrence E. Stahl Rita Taylor John C. Randolph Robert Schultz Richard Brandt William Gwynn William Mayer Bruce McKinney Mark Vigneault Mrs_ Mason Heydt Brian Pfeifler John Breazeale Sarah Brown Peg Ekberg Mrs. John Breazeale Lawrence Klatt Mary Windle Barbara Stenson Charles Velie, Jr. Kathy Norem Charles Winston Mayor Vice Mayor Commissioner Commissioner Commissioner Town Clerk Town Attorney Police Chief Code Enforcement Finance Director Chairman, Arch. Applicant Officer Review /P1. Applicant's Agent Applicant Town Resident Chairman, Task Force Town Resident Town Resident Town Resident Town Resident Town Resident Town Resident Town Resident Town Resident Pres., Civic Association A. Regular Meeting of February 8, 1991 B. Special Meeting of February 21, 1991 Commissioner Armour moved that the minutes of the Regular Meeting of February 8, 1991 and the Special Meeting of February 21, 1991 be approved as circulated, seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, and Mayor Koch; AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items The Town Clerk requested that there be added as Item III.A.3., Water Rate Increases, as Item IX.E., Special Assessment from the C' Municipal League, and as Item X.F., a Development Petition from the City of Delray Beach. There were no objections and the Mayor so ordered. V. Announcements A. County Election -March 12, 1991 from 7 A.M. to 7 P.M.- County Bond Referendum Mayor Koch announced the election and then advised that there had been correspondence received from the Committee for Good Government urging taxpayers to vote "NO" on the referendum and citing a number of reasons for doing so. He added that the Commission was not trying to influence the voting but offered that he felt the reasons given were sound and that he would be voting "NO ". B. Next Regular Meeting -April 12, 1991 at 9 A.M. Mayor Koch made the announcement. Minutes of Regular Meeting of the Town Commission -March 8, 1991 page -2- V. Announcements Continued C. Special Meeting -March 11, 1991 at 9:00 A.M. Mayor Koch announced there would be a Special Meeting held on March 13, 1991 at 9:00 A.M. to consider the appointment of the Architect- ural Review and Planning Board that had been included on this agenda. VI. Public Requests A. Task Force - Presentation of Proposed Ordinance Changes Mr. John Breazeale, Chairman of the Task Force was recognized. He explained that the Task Force would be making proposals on four items: A.) Second Story Construction, B.) First Finished Floor Level, C.) Landscape Protection, and D.) Zoning in Progress. He chose to address "Landscape Protection" first and advised that this really deals with two segments, protection of the trees along AlA, and protection of trees on private property. He presented a petition signed by a great number of Town Residents which reads: "We, the undersigned residents of Gulf Stream, believe that immediate action should be taken to protdct the trees along the AlA corridor. We hereby request the Gulf Stream Town Commission to place a moratorium, effective immediately, on all building permits and all tree cutting along North Ocean Blvd., (AlA) until tree protection ordinances, such as the ones proposed by the Task Force on March 8, 1991 have been implemented." The proposals to which the petition makes reference, as presented by Mr. Breazeale, are: 111. Submission of a landscape plan should be required for any renovations or changes that involve landscape (as is required for new construction.) The landscape plan should be submitted at the same time as the site plan is submitted. 2. Any tree over 12 feet tall or 4 inches in diameter must receive permission from the Town Commission to be disposed of. 3. Any tree removed must be replaced with a tree of the same gro,Ah potential (including along AlA.) If Australian Pines are removed along the Gulf Stream Corridor of AlA they must be replaced by a tree designated by the Town. Further, if a large tree is disposed of, with permission, it may be replaced with several smaller trees. (If a three (3) foot tree is lost it must be replaced by 3, one (1) foot trees. 4. Walls along AlA should be placed well within (5' to 71) the property line to allow for adequate planting of both a hedge along the length of the wall and trees to contribute to the Corridor. Further, the wall must be 808 covered with vegetation." Those from the public speaking in favor of landscape protection as presented, or similar, were: Sarah Brown, Peg Ekberg Mrs. John Breazeale and Lawrence Klatt. With regard to second story construction, proposals from the Task Force' are: "1. For lots over and under twenty thousand (20,000) square feet, the second (2nd) floor should not exceed thirty (30)percent of the first (1st) floor air - conditioned living space which has been determined to be twenty -five (25) percent of the lot. 2. In order to avoid the overwhelming effect of a straight wall, the second (2nd) story side walls shall be set back at least four (4) feet from the first (1st) floor side walls." Speaking from the public in favor of placing restrictions on second floor construction were: Mary Windle, Barbara Stenson, Charles Velie, Jr and Kathy Norem. Minutes of Regular Meeting of the page -3- Town Commission -March 8, 1991 Mr. Breazeale then called attention to the fact that while the Town has a minimum finished floor elevation provision, there is no maximum established which has resulted in some new structures being erected with an extremely high finished first floor elevation. He stated that the Task Force is recommending as follows: "1. The finished floor level of any new construction shall not exceed eight and one half (8.5) feet above mean high water or the height of the finished floor level of the lowest C, adjacent house." Those in favor of establishing a maximum finished floor elevation provision were: Peg Ekberg and James Finley. Mr. Breazeale then concluded his presentation by offering the following recommendations to declare Zoning in Progress: "1. There should be no landscape changes and particularly no tree cutting (along AlA or anywhere) while these ordinance changes are being made. 2. There should be no second (2nd) story additions approved while these ordinance changes are being made. 3. There should be no new construction begun which are outside of the proposed finished floor level requirements while these ordinances changes are being made." All of those from the public that had spoken to the three issues previously presented favored declaring "Zoning in Progress ". Mayor Koch suggested that the trees on AlA be addressed first. He stated that the Commission had always been in favor of protecting the trees on AlA and the delay in adopting legislation for this purpose was due in part to the fact that it was originally to be included in the Landmark Preservation Ordinance which was delayed several times for various reasons and has now been tabled. Commissioner Wallace moved and Commissioner Armour seconded that the Town Attorney be directed to prepare for the Commission at the next meeting, an Ordinance aimed at defining an historic corridor along AlA and providing restrictions and prohibitions in regard to removal of the trees and establishing a permitting process which will provide for replacement of trees removed from AlA; and in the interim, while that is being studied, declare zoning in progress so that no trees will be permitted to be removed while this is being studied, but with the proviso that those applicants who have review and permit applications in progress with the Town may appear before the Commission for further consideration. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, and Mayor Koch; AYE. Mayor Koch stated that the matter of protecting the trees throughout the Town will be considered at this time. It was noted that in the recommendations from the Task Force, any tree over 12 feet tall was to come under landscape protection provision. After discussion, it was decided that this could include many ornamentals, etc. and that the protection should be limited to trees with trunk diameter of 4' or greater. Minutes of Regular Meeting of the Town Commission -March 8, 1991 page -4- Commissioner Cross moved that the Town Attorney be directed to prepare for the Commission at the next meeting, an Ordinance to provide throughout the Town for the protection of trees, the trunk of which is 4" in diameter or greater, to provide for a permitting process for the removal of same and to provide that a detailed landscape design be required as part of the site plan review for remodeling as well as new construction; and in the interim, while this is being studied, zoning in progress be declared so that no trees will be permitted to be C i removed during this time but with the proviso that those applicants who have review and permit applications in progress with the Town may appear before the Commission for further consideration. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Mayor Koch; AYE. Mayor Koch announced that the Commission would now consider the matter of restricting the size of second story construction. He commented that this matter will take considerable study to determine the impact of proposed restrictions on various sized lots. Commissioner Wallace moved and Commissioner Cross seconded the motion that the Town Attorney be directed to prepare an Ordinance for consideration at the next meeting to restrict the square footage of the second story to a percentage of the first floor square footage, to provide for an additional set back from the outside walls of the first story for the second story, and to declare zoning in progress with regard to any proposed two story construction for which there is no application on file as of this date. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Mayor Koch; AYE. Mayor Koch advised that he would entertain further discussion on establishing a maximum finished floor elevation. It was agreed that restricting the elevation to that of the adjacent properties in all instances would not be adviseable but that certainly adjacent properties must be taken into consideration. Commissioner Wallace moved that the Town Attorney be directed to prepare an ordinance to establish a maximum first floor finished floor elevation which would not exceed 1' above the +7' minimum finished floor elevation except where the existing grade is higher than +8', the maximum first floor elevation shall not exceed the average elevation of the existing grade at the location of the structure. The motion was seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Mayor Koch; AYE. VII. Site Plan Review �— A. Rex Nichols, Agent for Bruce McKinney, 40 Industrial Park Rd., Plymouth, Ma. 02360- Continued Site Plan Review from February 6, 1991 to construct a two story single family dwelling at 3603 N..Ocean Blvd., Gulf Stream, Florida. Mayor Koch relinquished the gavel to Vice Mayor Armour declaring that a conflict of interest may be present in that his firm had participated in the sale of the property. Mark Vigneault, representing the owner Bruce McKinney thru the Rex Nichols Architect & Associates, Inc. displayed the color rendering of the proposed dwelling. He pointed out that the elevation of the garage had been lowered to +14.5' and that a drawing was in the packet to document how the slope of the driveway would be constructed to make the transition from +9' at the property line to the +14.51. Minutes of Regular Meeting of the Town Commission -March 8, 1991 Page -5- Mr. William Mayer, Chairman of the Architectural and Planning Board advised that the Board had recommended approval of the site plan provided the glass block treatment on the north side was replaced with an alternate treatment and the water feature in the courtyard was further investigated since there was no detail presented with regard to this. Mr. Vigneault advised that this glass block would be replaced with the same window design as the rest of the structure had. Comm. Wallace asked if there was any additional landscape detail to be pre- sented, noting that the staff recommendation was that additional be furnished as the original submission was inadequate. Mrs. Wallace also C` noted that Mr. McKinney had agreed to landscape heavily on the north side to break up the long straight lines of his north wall next to Mr. Pfeifler during his appearance before the Planning Board but there was no detail to document this. Mr. McKinney stated that he enjoyed gardening and had found in the past that gardening was a trial and error task in that it is something that he will be constantly improving upon and add- ing material in order to get the intended effect. Mrs. Wallace commented that landscape architects take all of that into consideration at the onset and are able to arrive at a final work product and show it on a detailed drawing. Commissioner Wallace moved that the site plan be approved as presented but that no application for a building permit be accepted until such time as a landscape plan had been approved thru the site plan review process. The motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Vice Mayor Armour; AYE. Vice Mayor Armour returned the gavel to Mayor Koch. Commissioner Cross left the meeting at 11:30 A.M. for a previous appointment. B. Mr. & Mrs. Mason Heydt, 2883 Banyan B1vd.,Circle N.W., Boca Raton, Florida 33431 -Site Plan Amendment to include only the single story addition and installation of bay windows at 541 Banyan Road. Chairman Mayer of the Architectural Review and Planning Board reported that the Board recommended that the amended site plan be approved as requested provided that if and when the 2nd story phase is initiated, it will be necessary to enter a new site plan review procedure. Vice Mayor Armour questioned if the surrounding property owners had objec- tions and was advised that there had been no objections. Vice Mayor Armour then moved that the recommendation as made by the Architectural Review and Planning Board be approved, seconded by Comm. Wallace. Roll Call: Comm. Wallace; AYE, Vice Mayor Armour; AYE, Mayor Koch; AYE. C. Sam S. Caliendo, Agent for Gerry and Mary Lipkanich, 17217 Huntington Parkway, Boca Raton Polo Club, Boca Raton, Florida 33496 - Construct a two story single family dwelling at 3223 N. Ocean Blvd., Gulf Stream, Florida. The Town Clerk advised that a letter had been received from Richard Brooks, Architect requesting that this application be withdrawn from this agenda and requesting that it be placed on the April Agenda of the Architectural Review and Planning Board and the April Agenda of the Town Commission. VIII. Reports A. Town Manager 1. Water Usage The Town Clerk, Rita Taylor, reporting in the absence of Mr. Flannery, advised that the water consumption was down 12.7% when computing the gallons per day use and comparing it to the same time in 1990. Minutes of Regular Meeting of the Town Commission -March 8, 1991 page -6- VIII. Reports Continued A. Town Manager (continued) 2. Ordered to Active Duty with Coast Guard -Town Manager Mayor Koch noted that the meeting was running much longer than usual and asked if there were any objections from members of the Commission to delaying this item for consideration at the Special Meeting of March 13, 1991. There were no objections. 3. Water Rate Increase The Town Clerk explained that when the water bill for January consumption was received in February, it was noted that there was a large increase. She stated that in checking with the city of Delray Beach it was confirm- ed that there was indeed an increase in the rates and they provided the rates prior to January 1, 1991 and the current rates. Mrs. Taylor further advised that the increase was within the provisions of the contract with Delray Beach, and that she had contacted Mr. Gwynn, the Town's Financial Director, with the information just obtained. She then asked Mr. Gwynn to continue on with his analysis and recommendation. Mr. Gwynn advised that he had numbers to discuss and following that, Attorney Randolph had prepared an Ordinance to cover increasing the rates to the Gulf Stream consumers for consideration. He advised there was an 81% increase in the gallonage charge and that the capacity charge was increased by $.51. He reminded that there have been increases in the past and they have been passed on to the Gulf Stream residents with no markup. He recommended that the same policy be followed at this time. These figures would be: The new capacity charge, $9.00 per month, and the new gallonage rate, $1.33 per 1,000 gallons with the billings to continue to be bi- monthly. He went on to advise that a minimum bill is the cost of 30,000 gallons which at the new rate would be 39.90, plus the capacity charge of $18.00 on each bi- monthly billing for a total new minimum charge for a bi- monthly billing of $57.90. Mr. Gwynn pointed out that the increase was not reflected in the billings sent out the end of January and that the Town had lost $9,000 on the January billing. He proposed that on the billing for February & March, a one time additional charge to cover the January loss be added. He further requested that the Ordinance be amended to make the increase effective January 1, 1991. Comm. Armour asked if a letter could be included with the billing. Mr. Gwynn then read the Ordinance #91/15 by title. Attorney Randolph pointed out that Section 2 of the Ordinance relating to action resulting from non payment of water bills was a new provision that it was felt would be helpful. Comm. Armour moved that Ordinance #91/15 be adopted as amended by including that it became effective January 1, 1991 and including the rates as recommended by Mr. Gwynn. The motion was seconded by Mrs. Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Mayor Koch; AYE. Commissioner Armour requested that a letter be included, over the Mayor' signature, to explain the increase and to. urge water conservation, this rate increase being an additional incentive to do so. He also requested a study of the 30,000 gallon minimum provision as he felt this does not encourage water conservation. B. Town Attorney Mr. Randolph advised that the Countywide Planning Council had directed that the municipalities respond to their recommended Comprehensive Plan by March 20, 1991, and their desire is that a response be given to each item in their plan. He stated that the P.B. County Municipal League has taken the position that the Planning Council only has authority in the area of land use and no response would be required for any of the other elements by municipalities. Mr. Randolph reminded that Gulf Stream had taken a position previously that the Council was well beyond their authority and that the referendum intggded that they only be set up to deal with conflicts in Comprehensive Plans Minutes of ReVular Meeting of the Town Commission -March 8, 1991 page -7- and when mediation was needed, they would attempt to arbitrate. As a result, Gulf Stream felt the plan they are presenting is totally beyond their authority.. Attorney Randolph recommended that the Town maintain its original position that the Council exceeded its authority and is limited to mediating disputes when requested and compiling a future land use element as opposed to preparing an element from which all municipal comprehensive plans will be ultimately rewritten. Commissioner Armour moved that the Town take the position they had previously taken and as recommended by Attorney Randolph. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, and Mayor Koch; AYE. Mayor Koch directed Attorney Randolph to prepare a response to the Planning Council relating the action taken. C. Architectural Review & Planning Board Mayor Koch advised the Board made only bne.recommendation, the appoint- ment of Don McGraw to serve as the architect member of the board, provid- ed his qualifications met the provisions of the Ordinance. He then stated that Mr. McGraw was not Florida Certified and therefore would not be eligible to serve as the architect. Mayor Koch added that Mr. McGraw would be willing to serve in one of the other positions on the board. The Mayor reported that inasmuch as there had been a number of ap- plications received, this matter of appointments to the Board will be handled at the Special Meeting on March 13, 1991. He stated that any of the current members of that body who wished to be considered for appointment or reappointment should submit a letter of request to be considered along with the others that have been received. Mrs. Wallace suggested that each applicant be furnished with a questionaire to complete and she offered a copy of the one she had been using when speaking to the applicants. Mr. Armour requested that each applicant also be furnished with a copy of the letter from Mr. Randolph explaining the functions of the Architectural Review and Planning Board and the limits of its authority. The Town Clerk was so directed. D. Financial Director 1. Financial Report for February, 1991 Mr. Gwynn, Finance Director, presented his report and added that the Town has collected 84% of the tax revenue and that the cash projection is on target as are the expenditures. Comm. Armour asked Mr. Gwynn to confirm that no budget adjustments are necessary for .now. Mr. Gwynn stated that this is correct. Commissioner Armour moved that the financial report be approved as presented, seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, and Mayor Koch; AYE. E. Police Department Chief Schultz presented his monthly report and added that Sergeant John Buchan had tendered his resignation effective March 22, 1991. Commissioner Armour asked that the Town's gratitude be expressed to Sgt. Buchan for his services over the years. F. Construction in Progress The report revealed that the total amount of permitted work in progress in February, 1991 was $11,644,475. IX. Items for Commission Action A. Ordinance #91/14; Adopting amendments to the Comprehensive Plan (2nd reading and adoption) Commissioner Wallace moved that Ordinance #91/14 be adopted following it having been read by title by the Town Clerk. Commissioner Armour seconded the motion. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, and Mayor Koch; AYE. Minutes of Regular Meeting of the Town Commission -March 8, 1991 page -8- IX. Items for Commission Action Continued B. Release; To discharge Palm Beach County from the Amended Final Judgement as to interest due the Town from the Palm Beach County Road & Bridge Fund. Attorney Randolph recommended the release be executed but cautioned that the settlement could still be appealed by the County. The Town Clerk advised that the share for Gulf Stream is listed at $2,522.32. Commissioner Armour moved that the Mayor be authorized to C execute the release on behalf of the Town, seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, and Mayor Koch; AYE. C. Balance Due Ocean Ridge for Fire Protection for 1989 -1990 Town Clerk Taylor advised that the balance due amount for 1989 -1990 is $59,900.61 which exceeds the estimate from Ocean Ridge which was $54,845.00. Mr. Gwynn, Finance Director advised that the Town had budgeted based on the estimate. Commissioner Armour moved that the Balance Due in the amount of $59,900.61 be paid, seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, and Mayor Koch; AYE. D. Supplemental Personnel for Town Hall. Town Clerk Taylor advised that it would be necessary to increase the hours for the part time secretary but that Mrs. Boroni was restricted as to the number of hours due to Social Security regulations. Mrs. Taylor advised that a second part time secretary, Natalie Moore, had been hired and the position would be shared by them. She felt that unless there was some unexpected absence at the staff level, the funds that had been budgeted would be adequate. E. Special Assessment from the Municipal League Town Clerk Taylor advised that a billing for a special assessment to cover the cost of the special counsel hired by the Municipal League had been received in the amount of $275.00. Commission- er Armour moved that the item be paid in the amount of $275.00, seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, and Mayor Koch, AYE. F. Development Petition within a mile from Place AuSoliel Inasmuch as this had been received late and there had been no time to review, Mayor Koch directed that this item be placed on the agenda for the Special Meeting of March 13, 1991. He then asked Com- missioner Armour to investigate the proposed development, which is in the City of Delray Beach, and have a report for the Commission at the Special Meeting. X. Correspondence _ A. Advising that the issue of Landmark Preservation has been tabled -Task Force. A letter from the Task Force advising that the issue of Landmark Preservation has now been tabled was made a part of the record. B. Resolution R- 91 -21; Adopting a unit of the United States Armed Services -City of Boynton Beach. This was made a part of the official record. C. Resolution 91 -3; Supporting the present form of the Solid Waste Authority and the continued Municipal Representation thereon -Town of Juno Beach. The members of the Commission agreed that the Authority should be continued in its present form. Mayor Koch directed that a resolution be prepared in this regard for action at the next regular meeting. Regular Meeting of the Town Commission March 8, 1991 page -9- X. Correspondence Continued D. Urging the Legislative Delegation to introduce legislation to exempt small communities from meeting the requirements of Comprehensive Planning if the elements do not exist -Town of Lake Clarke Shores. All members of the Commission voiced support for the continuing efforts of Lake Clarke Shores. E. Water Consumption and Regulation 1. Letter from Dr. Donaty 2. Letter from Peggy Gray 3. Letter from Ettore Barbatelli, Sr. All of items listed above were from the top 15% of the water consumers explaining why they felt they did not belong on the list. XI. Public Mr. Charles Winston requested that there be an enclosure with the water bills encouraging residents to install water switches, or some similar devise, on their irrigation systems. XII. Adjournment Commissioner Wallace moved that the meeting be adjourned, seconded by Commissioner Armour and all voted AYE. Mayor Koch adjourned the meeting at 12 noon. l j" Rita L. Tay or Town Clerk FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I \,I NA: \IL- I'IRST NAML- MIDDLE NAML NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE William F. Koch, Jr. Town Commission ]IAII IN(i ADDRESS THE BOARD. C'OUNC'IL, COMMISSION, AUTHORITY, OR COMMITTEE ON wH1C'H 1 SERVE IS A UNIT OF: XCITY COUNTY OTHER LOCAL AGEN('Y t III COUN I NAME OF 1'OLI'IICAI. SUBDIVISION: Gulf Stream, F1. 33483 Town of Gulf Stream DA I ON \ \'H I( 'H %01E 0( CUR RED MY POSITION IS: March 8, 1991 ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 I l i is form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: 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. II 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. 'II III XL PA61- 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 William F. Koch, Jr. , hereby disclose that on March 8 1991 19 (a) A measure came or will come before my agency which (check one) ;;;_ 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 site plan review of plans to construct a single family dwelling at 3603 N. Ocean. Blvd, Gulf Stream, Florida after having demolished existing structure was considered at the request of the owner, Mr. Bruce McKinney. My firm participated in the sale of the property to Mr. McKinney. 3 -11 -91 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. CF: t -(1R)( AR - 10 86