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