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HomeMy Public PortalAbout07/13/1992July 9, 1992 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross A. Curtis True, M.D. Kathleen S. Wallace REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON MONDAY, JULY 13, 1991 AT 1:00 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Minutes of the Regular Meeting & Public Hearing of June 12, 1992 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements A. Regular Meeting for August- August 14, 1992 at 9:00 A.M. VII. PUBLIC HEARING A. Variance 1. Everett H. Jenner, Agent for William Lamson, 5565 N.E. 29th Ave., Ft. Lauderdale, Fl. 33308- Addition on the south east corner of the east elevation that would increase the non - conforming floor area ratio of the dwelling under construction at 3777 N. Ocean Blvd., Gulf Stream, F1. VIII. Site Plan Review A. Everett H. Jenner, Agent for William Lamson, 5565 N.E. 29th Ave., Ft. Lauderdale, F1. 33308 - Addition on the south east corner of the east elevation of the dwelling under construction at 3777 N. Ocean Blvd., Gulf Stream, F1. 33483. IX. Reports A. Town Manager 1. Bi- monthly Water Use B. Town Attorney C. Finance Director 1. Financial Report for June, 1992 D. Architectural Review and Planning Board E. Police Chief 1. Police Activity in June, 1992 F. North Ocean Blvd. Landscape Advisory Committee (NOBLAC) G. Construction in Progress X. Items for Commission Action A. Resolution #92 -3 Supporting a State Constitutional Amendment which provides for voter control of city taxes. B. Revised Retirement Plan C. Appointment of Alternate Member for Architectural Review and Planning Board. D. Fire and EMS Service Contracts XI. Correspondence A. Resolution 74 -92 endorsing the candidacy of the Honorable Clarence E. Anthony, Mayor of South Bay for the Office of Second Vice President of the Florida League of Cities -South Bay B. Resolution R92 -86 supporting a cooperative effort of government entities to amend Florida's Sunshine Law -City of .Boynton Beach July 9, 1992 AGENDA FOR JULY 13, 1992 CONTINUED XI. Correspondence Continued C. Resolution 92 -12 supporting the placement of a new and revised Palm Beach County Commission District Election Plan before the electors of Palm Beach County during the 1992 November General Election -City of Greenacres D. Resolution #41, 1992 supporting concept of Amtrak service from Jacksonville to Miami along the FEC Corridor -Town of Lake Park XII. BUDGET PRESENTATION (1992 -1993) A. Budget Consideration B. Proposed Millage Rate for 1992 -1993 C. Certification of Rolled Back Rate D. Date of First Public Hearing for Budget Adoption XIII. Public XIV. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION /BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS 14EETING AND 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. r� REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON MONDAY, JULY 13, 1992 AT 1:00 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Mayor Koch called the meeting to order at 1:00 P.M. II. Pledge of Allegiance Vice Mayor Armour led the Pledge of Allegiance. III. Roll Call Present and Participating: Also Present and Participating: William F. Koch, Jr Alan I. Armour James E. Cross A. Curtis True M.D. Kathleen S. Wallace E. Scott Harrington John Randolph Rita Taylor Robert Schultz William Gwynn Joan Orthwein Everett H. Jenner Jean Breazeale Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Town Clerk Police Chief Finance Director Chairman ARPB Agent for Mr. Lamson Chairman NOBLAC IV. Minutes Commissioner Armour moved and Commissioner Cross seconded that the minutes of the Regular Meeting and Public Hearing of June 12, 1992 be approved as circulated. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. V. the death Resolution Resolution There were itions, withdrawals t of agenda items. missioner Wallace requested to have added under announcements, of Mrs. LaPorte. The Town Clerk requested to add two resolutions, R -92 -18 from the Village of Palm Springs as item XI.E. and 49, 1992 from the Town of Palm Beach Gardens as item XI.F. no objections and Mayor Koch so ordered. VI. Announcements A. Regular Meeting for August- August 14, 1992 at 9:00 A.M. Mayor Koch announced August 14, 1992 as the date of the August meeting which would be called to order at 9:00 A.M. B. Death of Mrs. LaPorte Commissioner Wallace gave the following announcement: "On July 9th the Town of Gulf Stream experienced the loss of Joan S. LaPorte, a caring, dedicated resident who contributed greatly to the charming community that we call home. She served on the Town Commission, was a member of the Architectural Review and Planning Board, was for many years a trustee of the Gulf Stream School, was deeply involved with St. Paul's Church, and served on many boards including The Hospice and the Delray Beach Historical Society. Joan LaPorte was a gracious, talented woman who gave of herself and touched the lives of many of us, and truly brightened the world around her. Her shining light and contributions to this community will long be remembered." Mayor Koch asked for a few moments of silence in memory of Mrs. LaPorte. Regular Meeting and Public Hearing Page 2 Town Commission -July 13, 1992 VII. PUBLIC HEARING A. Variance 1. Everett H. Jenner, Agent for William Lamson, 5565 N.E. 29th Ave., Ft. Lauderdale, F1. 33308 - Addition on the southeast corner of the east elevation that would increase the non- conforming floor area ratio of the dwelling under construct- ion at 3777 N. Ocean Blvd., Gulf Stream, Florida Mayor Koch declared a conflict of interest in this matter in that his firm was involved in the original sale of the property. He passed the gavel to Vice Mayor Armour. Joan Orthwein, Chairman of the ARPB reported that her Board had recommended that the variance request be denied in that a hardship had not been proven and that the recent ordinances that had been adopted should be followed. Everett H. Jenner, Agent for Mr. Lamson began his presentation by reciting his qualifications and achievements in the architectural profession. He then presented drawings to show the structure as it was originally approved. He pointed to the southeast corner calling attention to the slanted roof that covered the first story that was objectional to Mr. Lamson, after it had been constructed. Mr. Jenner advised that the dwelling was constructed as originally designed and approved.-- When Mr. Lamson saw the slanting roof in place and realized that no southeast light entered the second story, he had the roof taken off. Following that, the second story and third story were designed and built. He showed drawings to reflect this, adding that this design is in place at this time. Mr. Jenner stated that his client was in agreement with removing the third story but is asking that the second story remain with a roof design to match that on the north- east corner. He then called attention to the supporting columns that had been added under the cantilevered portion of the second story that had been objectionable to the Commission. Mr. Jenner then reviewed the calculations of floor area ratio and pointed out that under the Town's Code, only that portion of the property west of the Coastal Construction Control Line can be used for the calculation whereas other codes permit the use of the entire lot measurements for calculations. He also noted that any lot in Gulf Stream that does not front the ocean may also use the entire lot measurements for FAR calculations. Mr. Jenner advised that if the calculations were based on the entire lot, the second floor addition would exceed the maximum of .33 allowable by only .0121. Mr. Jenner believes that Mr. Lamson does have a hardship for the following reasons: 1) The contractors did not obtain permits prior to construction of the second and third floors. 2) He is not permitted, by ordinance, to use his entire lot for calculating the FAR. 3) All of the surrounding structures are very large, thus this structure would be more in keeping with the area. 4) He would be denied light from the southeast if he is forced to construct the slanted roof as was originally designed and approved. Commissioner Wallace stated that she appreciated Mr. Jenner's presentation but believed the variance request should be denied as recommended by the Town Manager and the ARPB due to no hardship being proven. Commissioner Cross took issue with Mr. Lamson not being held responsible for the action of his contractors, adding that the law is quite clear in that Mr. Lamson is responsible for the action of his employees. Regular Meeting and Public Hearing page 3 Town Commission -July 13, 1992 Commissioner Wallace moved to deny the variance request, seconded by Commissioner True., Mr. Jenner stated that he had two alternate designs that he would like to present at this meeting. Attorney Randolph advised that if the Commission wanted to consider the alternate designs, they could do so at this meeting but if they did not choose to do so, they do not have to. He added that if they were to consider them, they should do so before taking a vote as once that is done, further consideration would need to be in the form of a new application. Dr. True believed that any alternate designs should be reviewed by the ARPB prior to Commission consideration. The Commission agreed to look at the alternatives. Mr. Jenner presented Alternate #1 which showed the removal of the third story and the east wall of the second story moved westward to create an open balcony to match that on the northeast corner. He advised that with these changes, the structure would still exceed the FAR maximum. The Commission expressed little interest in Alternate #1. Mr. Jenner presented Alternate #2 which would not increase the FAR above that which was originally approved. The Alternate #2 design showed the third floor removed and second floor removed leaving a flat deck over the first story in place of the slanted roof, and with the sliding glass doors that were in the wall of the second story, moved back into the wall of the approved second story. Mr. Jenner explained that this would permit light to enter the second story. Attorney Randolph advised that if Alternate #2 requires no variances, then it should be considered under Item VIII. Site Plan Review and the motion on the table would need to be concluded before moving to Item VIII. There was no further discussion regarding the motion to deny the variance that had been requested. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. VIII. Site Plan Review A. Everett H. Jenner, Agent for William Lanson, 5565 N.E. 29th Ave. Ft. Lauderdale, F1. 33308- Addition on the southeast corner of the east elevation of the dwelling under construction at 3777 N. Ocean Blvd., Gulf Stream, F1. 33483. Vice Mayor Armour opened the floor to discussion regarding Alternate #2 changing the southeast corner of the dwelling under construction, which had been previously presented by Mr. Jenner. Commissioner Wallace reminded Mr. Jenner that the Commission had granted a number of changes to the structure at previous meetings and wanted that fact to be a part of the record of this meeting. Mr. Jenner replied that he and Mr. Lamson did appreciate this. Commissioner Wallace then moved that the site plan revision as shown on Alternate #2 with the open deck over the first floor replacing the original slanted roof be approved provided no variances are required and that the design meets all of the provisions of the Town's Ordinances, with all Town procedures to be followed. The motion was seconded by Commissioner Cross. There was no further discus- sion. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. Vice Mayor Armour returned the gavel to Mayor Koch. Regular Meeting and Public Hearing page 4 Town Commission -July 13, 1992 IX. Reports A. Town Manager 1. Bi- monthly Water Use Town Manager Harrington presented the report which revealed there was a very slight increase in usage for the non - single family classification and a small decrease in usage for the single family classification. He advised Cthat the master meter from Delray Beach was still not functioning and it is not possible to compute the system loss at this time. B. Town Attorney Attorney Randolph had no report. C. Finance Director 1. Financial Report for June, 1992 Finance Director Gwynn presented the report, noting that all of the tax proceeds have been received and that he is projecting a surplus at the end of the fiscal year. Commission True suggested that the format of the financial report be changed and questioned the necessity of listing the checks that were written. Commissioner Armour favored having the checks listed as is being done. Mayor Koch suggested that the matter of changing the financial report be considered during budget sessions. Mr. Gwynn advised the report can be changed but he would prefer to do so at the beginning of the new fiscal year. Commissioner Armour moved and Commissioner Wallace seconded that the financial report be approved as circulated. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. D. Architectural Review and Planning Board Chairman Joan Orthwein advised there is no further report from the Board. E. Police Chief 1. Police Activity in June,1992 Chief Schultz presented his report as distributed and added that he was pleased to report that he had promoted Edward Allen to Sergeant. F. North Ocean Blvd. Landscape Advisory Committee ( NOBLAC) Jean Breazeale, Chairman of NOBLAC, reported that the full committee had had only one meeting due to many being away. She further advised that Mr. Carr had resigned at that meeting and requested that the Commission make an appointment to fill the vacancy. Mrs. Breazeale further reported that she and Mary Windel had been meeting as the finance committee of NOBLAC in order to prepare the financial recommendations that were detailed on the memo circulated to the Commissioners at the beginning of the meeting. Mrs. Breazeale stated that NOBLAC is just beginning to function but at this point, they are recommending that permission be sought to replant Australian Pines along the AlA Corridor and that any involvement of a C landscape architect be delayed. She believed it would take a special act of the legislature to permit the planting of Australian Pines and that procedure would take an estimated time of 2 years. In the interim, NOBLAC is recommending that the Town allocate $25,000 in the budget to cover the cost of contracting a consulting arborist to do a Tree Hazard Survey and prepare bidding specifications for pruning the existing trees which is needed to extend the life of the trees. The cost of the arborist was estimated to be $1,500 to $3,000. They further recommended that the Pines between Banyan and Golfview be done as soon as DOT has finished their pruning and the cost is estimated to be $20,000 for this work. The third recommendation was to set up a Town Tree Fund and solicit tax - deductible donations from the community for maintenance of the remaining pines and to purchase new trees for the corridor over the next 10 years. Mrs. Breazeale advised NOBLAC is investigating this along with obtaining matching grant funds and she would be reporting back to the Commission regarding this. C� Regular Meeting and Public Hearing page 5 Town Commission -July 13, 1992 Mayor Koch and members of the Commission complimented presentation and the work of NOBLAC. They commented recommendations and agreed to consider the allocation budget discussions. G. Construction in Progress The construction in progress report revealed there to worth of construction in progress during the month of Mrs. Breazeale on her Eavorably on the of funds during be $7,359,772 June, 1992. X. Items for Commission Action A. Resolution #92 -3 Supporting a State Constitutional Amendment which provides for voter control of city taxes. Town Manager Harrington advised that this is the Resolution that the Commis- sion had directed be prepared. Commissioner True questioned if the statements and claims made in the Resolution were factual and where the language originated from. The Clerk advised that the language is provided by those promoting the legislation or cause. Commissioner Armour moved to adopt Resolution #92 -3, seconded by Commissioner Wallace, following the reading of the ordinance by title. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; NAY, and Mayor Koch; AYE. B. Revised Retirement Plan To be Effective July 13, 1992 Town Manager Harrington explained that due to changes made by the IRS, ICMA had revised the existing retirement plan to conform. He stated that it was not necessary to readopt the plan for these changes but that he is recommending two additional changes which are to establish a 6 month waiting period before new employees are eligible to enter the plan and to change the eligibility requirements from "All Employees" to "All Full -Time Employees" and "All Salaried Employees ". Commissioner Armour moved and Commissioner Wallace seconded that the revised retirement plan be adopted subject to the review and approval of Attorney Randolph. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE; Comm. Armour; AYE, Comm. True; AYE; and Mayor Koch; AYE. C. Appointment of Alternate Member for Architectural Review and Planning Board. The Town Manager reminded that at the June meeting there were four names presented for consideration to fill two vacancies on the ARPB and that Mrs. Hvide had submitted a letter of interest and was present at the meeting. He further reminded that the Commission had appointed Mrs. Hvide for one of the vacancies and had directed that letters of interest be obtained from others for consideration at this meeting. He advised that he had contacted Mr. Duryea, Mr. Hopkins and Mr. Dittman for these. Mr. Harrington stated that Mr. Dittman was out of town and unable to submit a letter but that there are letters from Mr. Duryea and Mr. Hopkins in the agenda packet. Commissioner Wallace moved that Mr. R.W. Hopkins be appointed to serve as and Alternate Member of the Architectural and Planning Board, seconded by Commissioner Armour. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. D. Fire and EMS Service Contracts Town Manager Harrington reminded that the fire contract with the Town of Ocean Ridge and the EMS contract with Bethesda Ambulance will expire Sept. 30, 1992 and advised that he has been negotiatiTg with Ocean Ridge, Bethesda and th'e City of Delray Beach regarding a new contract. He advised that Ocean Ridge had proposed a 5 year contract with a first year figure of $80,000 and escalating at 8% per year thru the 1995 -1996 fiscal year and at the CPI from that point on. This would be for fire protection only and the proposal had not yet had the approval of the Ocean Ridge Town Commission. Regular Meeting and Public Hearing page 6 Town Commission -July 13, 1992 Mr. Harrington stated that the Town had received two proposals from Bethesda Ambulance, one for a continuation of the two man service for EMS as now exists and an alternate proposal for a 1 man operation which would be approximately one half the cost or $15,210.10. He added that it seemed that Briny Breezes and Ocean Ridge were leaning toward the 1 man operation. The third proposal Mr. Harrington presented was from the City of Delray Beach to provide both fire protection and EMS services thru a 10 year contract at $103,403 for the first year with future escalation to be based on the annual CPI. Mr. Harrington advised that this proposal has been approved by the City of Delray Commission in the form of an Inter -local Agreement. Mr. Harrington detailed the three options in his memo dated July 9, 1992 and recommended that the Town of Gulf Stream enter into the Inter -local Agreement with the City of Delray Beach for the following reasons: 1) With the options involving Bethesda Ambulance, the cost figures are dependent on all three communities participating. Should any one drop out, the cost to the remaining parties would greatly increase. The Bethesda cost is also dependent on the number of transports. 2) The Ocean Ridge and the Bethesda Contracts are for only 5 years as opposed to 10 years on the Delray Beach Contract. 3) The Town of Gulf Stream currently has a dispatching contract with the City of Delray Beach with all 911 calls being received there. Currently the fire and EMS calls must be transferred to Ocean Ridge. Contracting fire and EMS from Delray would eliminate any need for transferring any calls. COmm� armnur moved and Commissioner Wallace seconded that the Town of Gulf Stream enter into the Inter -local Agreement with the City of Delray Beach for firefighting and EMS services as presented at a cost for t'_ie first year of $103,403 beginning October 1, 1992. ROLL CALL: Corsi. ';allace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, ZnC Mal,or Koch; AYE. XI. Correspondence A. Resolution 74 -92 endorsing the candiJacy of the Honorable Clarence E. Anthony, Mayor of South Bay for the Office of Second Vice President of the Florida League of Cities -City of South Bay The Town Clerk read the Resolution by title and advised that the City of South Bay is requesting that the Town of Gulf Stream also support Mayor Anthony. Town Manager Harrington advised he personally was acquainted with Mayor Anthony and believes he would be an excellent choice to represent the municipalities on the state level. Town Clerk Taylor advised she has prepared a similar resolution in the event the Commission desired to support Mayor Anthony, and that it would bear Resolution #92 -4. The Clerk was directed to read Resolution #92 -4 by title. Following the reading, Commis- sioner Wallace moved and Commissioner Cross seconded that Resolution #92 -4 be adopted. ROLL CALL: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. True; AYE, Comm. Cross; AYE, and Mayor Koch; AYE. B. Resolution R92 -86 supporting a cooperative effort of government entities to amend Florida's Sunshine Law -City of Boynton Beach Commissioner Armour moved and Commissioner Wallace seconded that the staff prepare a similar resolution for presentation at the August, 1992 meeting. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting and Public Hearing page 7 Town Commission -July 13, 1992 C. Resolution 92 -12 supporting the placement of a new and revised Palm Beach County Commission District Election Plan before the electors of Palm Beach County during the 1992 November General Election -City of Greenacres D. Resolution #41, 1992 supporting concept of Amtrak service from Jacksonville to Miami along the FEC Corridor -Town of Lake Park E. Resolution R92 -18 supporting the placement of a new and revised C? Palm Beach County Commission District Election Plan before the electors of Palm Beach County during the 1992 November General Election - Village of Palm Springs. F. Resolution 49, 1992 Endorsing Mayor Clarence Anthony for the Office of Second Vice President of the Florida League of Cities - Town of Palm Beach Shores Correspondence Items C. through F. were made a part of the official record. Mayor Koch declared a recess at 2:50 P.M. and called the meeting to order again at 3:00 P.M. XII. BUDGET PRESENTATION (1992 -1993) A. Budget Consideration Commissioner Armour advised that he had looked into the possibilty of refinancing the Town's Bond Issue in light of the current interest rates. He had determined that it is not feasible due to the high costs involved with buying back the bonds and making a new issue. Town Manager Harrington advised that the format of the budget has been changed slightly, one change being to show all of current and past surplus funds. He called attention to the catagory of "Fund Balance" and explained each item thereunder. He added that no new expenditures are provided for. Mr. Harrington stated that with the expiration of the fire contract with Ocean Ridge, there will be a balance due them following an audit at the close' of fiscal year 1991 -1992 in the estimated amount of $62,000, and that he has provided for this out of surplus funds. Finance Director Gwynn then went through the budget line by line and answered all questions from the Commissioners. He closed his presentation by pointing out that the Rolled Back Millage Rate is 3.3045 mills for the operating fund and the current budget proposes a millage rate of 3.2655. The proposed rate for the debt service was announced at .8058 mills. Mr. Harrington then reviewed the matter of salaries. He advised that there will be an increase in the health insurance premium estimated to be 15 %. He stated that he is asking for an increase of approximately 5.8% in the total salary and fringe benefit package which would cover merit increases for the police officers, the Town Clerk, the Maintenance personnel, and for the Chief of the Police Dept. Mr. Harrington stated he had not included any increase for himself as that would be a matter for the Commis- sion to decide. The Commissioners felt the 5.8% to cover the increases and still cover the fringe benefits as well was justified. Mayor Koch stated he would favor a 10% increase for the Town Manager's salary,not to include the fringe benefits. The other Commissioners agreed with this and instructed the Manager to make the necessary adjustments in the budget. Regular Meeting and Public Hearing Town Commission -July 13, 1992 page 8 Commissioner Wallace questioned where funds would be provided for the NOBLAC recommendations. Town Manager Harrington called attention to the $20,245 in the undesignated fund balance and suggested that all or a part thereof could be used for this purpose. Commissioner Wallace pointed out that the recommendation was for $25,000 and she favored budgeting that sum. Mayor Koch reminded that there are additional budget sessions in CSeptember at which time there will be a more clear picture of the actual % surplus funds and that perhaps supplemental funding could found at that time or even later in the year as it becomes needed. The Mayor believed it would be some time before any funds would be needed in that the DOT has yet to provide the right -of -way maps to prove their right -of -way. Town Manager Harrington expressed his appreciation to the Commission for their generosity in granting his salary increase and then requested a motion to allocate the $139,245 in surplus funds. Commissioner Wallace moved that $62,000 be allocated to cover the balance due to Ocean Ridge for the existing fire contract, that $17,000 be allocated in a reserve for capital improvements with interest earned to remain in the general fund, that $20,245 be allocated for the arborist and the pruning of the Pine trees along AlA, and $40,000 placed in the general fund operating budget for the fiscal year 1992 -1993. The motion was seconded by Commissioner True. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Proposed Millage Rate for 1992 -1993 Commissioner Armour moved that the proposed millage rate for operating fund for 1992 -1993 be set at 3.2655 mills. The motion was seconded by Commissioner True. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner True moved that the proposed millage rate for the debt service for 1992 -1993 be established at .8058 mills, seconded by Commissioner Armour. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. C. Certification of Rolled Back Rate Commissioner Wallace moved that the Rolled Back Rate be certified at 3.3045 mills, seconded by Commissioner Armour. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. D. Date of First Public Hearing for Budget Adoption The Town Clerk reminded that two public hearings for the budget must be held in September after 5 P.M. She further reminded that zoning ordinances that are pending also require two public hearings to be held after 5 P.M. C She suggested that the budget and the zoning ordinances be considered at the same public hearings and that perhaps the Commissioners would want to hold the regular September meeting at 4 P.M. ahead of the first public hearing. Commissioner Armour moved that the regular commission meeting for September be held at 4 P.M. on Monday, September 14, 1992, that the first public hearing for the budget and zoning ordinance adoption be held at 5:01 P.M. on Monday, September 14, 1992, and that the second public hearing for the budget adoption and zoning ordinance adoption be held at 5:01 P.M. on Monday, September 28, 1992. The motion was seconded by Commissioner Wallace. ROLL CALL: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting and Public Hearing Town Commission -July 13, 1992 page Commissioner Armour suggested that a Workshop Meeting be planned later in the year for the purpose of general discussions as to what projects are in process and what future projects and /or changes are contemplated. Commissioner Wallace suggested that this be held sometime in November, 1992 when most of the residents have returned for the season. It was agreed that a date in November would be set at a later time. XIII. Public There was no comment from the public. XIV. Adjournment Mayor Koch adjourned the meeting at 4:50 P.M. Rita L. Tayl r, own Clerk Cj COUNTY, MUNICIPAL, AND. OTHER LOCAL_ PUBLIC OFFICERS %A.%IL —FIRST NAME—MIDDLE NAME I I NAM[; OF BOARD, COUNCIL. .COMM ISSION, AUTHORITY, OR COMMITTEL Koch, William F.,,Jr. Town Commission %I %I[ I \G 545 Golfview Drive, Palm Beach Gulf Stream, F1. u41I o% % %im it NOrC OCCURRED July 13, 1992 COUN'I'I THE HOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTCE ON WHICH I SERVE IS A UNIT OR X,C•ITY... COUNTY OTHER LOCAL AGENCY NAME OF POLI'IICAL SUBDIVISION: _ Town of Gulf Stream WHO MUST FILE FORM 88 X ELECr1VL•' APPOIN'I'IVk I his form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, 'uuncil, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented %%ith a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although iltc use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. )our' responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending 011 %t hether 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. A person holding an appointive local otTfce otherwise may partiFipatc in a matter in which he has a conflict of interest, but must 'isclose the nature of the conflict before-making any attempt to influence the decision by oral or written communication, whether ,nade 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: • 1'ou 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. It lox(, - -- -- - - - _ • lit[.;, 1 E THE DECISION EXCEPT before pas Pali 6N OR VOTE ATTHE ME IF YOU MAKE NO ATTEMPT TO INFLUENC ETING: • You should disclose orally the nature of your, conflict In the meal • 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 19—( William F. Koch Jr. hereby disclose that on, (a) A measure came or will come before my agency which (check one) x inured to my special private gain; or by whgm I am retained. _ inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: A variance request and an application for a site plan amendment relating to the addition of a second story to a dwelling under construction was submitted by Mr. William Lamson, owner of the property at 3777 N. Ocean Blvd. The real estate firm with which I am affiliated participated in the original sale of the property. 7 -13 -92 Date Filed U Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRL RE ISCLO IMPEACHMENT, REMOVAL OR SUSPENSO[ON FROM OFFICE OR EMPLLOYOMENT, DEMOTION, REDUCTION I SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TQ EXCEED $5;000. _ P I I f,R \l RR - In RR PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board will hold a Public Hearing on August3,1992 at 9 :00 A.M. and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on August 14, 1992 at 9:00 A.M., both to be held 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 Alvaro Vera of Blair Construction as Agent for Mrs. Diane Kessenich, 2423 N. Ocean Blvd., Gulf Stream, Florida 33483, requesting a variance from the provisions of Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE- FAMILY DISTRICT, as amended by Ordinance 90/1, Section 3., Paragraph (i); "SPECIAL PROVISIONS RELATING TO LOTS OF LESS THAN 20,000 SQUARE FEET ", Sub Paragraph 4.; LOT Ci Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII; "R5'RESIDENTIAL SINGLE - FAMILY DISTRICT, as amended by Ordinance 91/23, Section 2., Sub Section E., Paragraph 2.; FLOOR AREA RATIO and Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section XI, NON - CONFORMING USES; Sub Section A., Paragraph 4. Extensions to permit the addition of a porte cochere to the existing nonconforming structure and the addition of a bay window on the studio which together woul exceed the maximum lot coverage of twenty five (25) percent by seven tenths (.7) percent and which would exceed the maximum floor area ratio of thirty three (33) percent by ten and seventeen hundreths (10.17) percent at the address stated herein. Complete application materials are on file in the office of the Town Clerk in the Town Hall, 100 Sea Road, Gulf Stream, Florida and may be inspected during regular business hours. ,PERSONS INTERESTED in this matter may appear before the Architectural Review and Planning Board and the Town Commission, sitting as the Board of Adjustment, of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND 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 WHHCH THE AP' =EAL 1S O BE BASED. 286.0105, F.S.S. Dated: July 7, 1992 Publish: Palm Beach Post 1st Publication: July 29, 1992 2nd Publication: August 7, 1992 " Tota L. Taylor, own 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. ��vet GGEr o ! ipp ppy,��EOL n�� C" m.g E6021 lawrolvi 'c��N Cm rU io,Bi�� `ii p6 ^FrC eQ ��mr �9Y0lnIC0] Vl �� �a me " b 7 c U U cax d U W> d M Tm Q m a v d�� as�� �� u aaE m W 0. 3 Tj F ul a CL CL Q O a W O W E_ E_ x U Q MW W a Q a O F z O O U NJ 6 V. y rri G u L cu oq `m C m E a r �� F " c U m d Q U ca it U. a y G N N d m c N a = U d m �� U 7 m 2 d �� m G d m s a v m 3 t O F " y T Y m m m �� y y m s 'D L m m E m r y id TFOi F " �e=��E ]J t`o sF ." Fc" . " a o >" owm " mr <w m��. -.. ��" p><id4 `o��" vO ��� � ��s SUg��i' " ������'a 55l x555: ��" i < <��Fim^ <o�o$FZw W > <" �� g; W ��O:C��C ��S��f�� ~ !" p^" m C�� O 33F mW ��O zN;Rme �" ! ;'�-E. 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