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HomeMy Public PortalAbout07/08/1994July 1, 1994 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 J THE TOWN OF GULF STREAM ON FRIDAY, JULY 8, 1994, AT 9:00 A.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. A. Special Joint Meeting of June 9, 1994 B. Regular Meeting & Public Hearing of June 10, 1994 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Special Joint Meeting of July 21, 1994 CANCELLED B. Regular Meeting August 12, 1994 (Friday) at 9:00 A.M. C. Regular Meeting September 9, 1994 (Friday) at 4:00 P.M. D. Budget Hearing September 9, 1994 (Friday) at 5:01 P.M. E. Budget Hearing September 21, 1994 (Wednesday) at 5:01 P.M. VII. Applications for Development Approval- PUBLIC HEARING A. David Rhoten II, as agent for Eva Hart, 1535 N. Ocean Blvd. Gulf Stream, Florida 33483. 1. SUBDIVISION & REPLAT- Request to divide the present 200.12, parcel at the above address into two 100.06' lots. 2. DEMOLITION PERMIT -To approve the demolition of the existing single family structure at the above address. 3. AlA VEGETATIVE DISTURBANCE PERMIT -To remove the existing gatehouse and small narrow wall located within 50' of State Road AlA at the above stated address. B. Samuel Ogren, Jr., as agent for R. Stewart Scott, 2910 Gulf Stream Road, Gulf Stream, Florida 33483 ` J 1. SITE PLAN REVIEW -TO permit the enclosure of an existing porc area to a d additional living--area at the address stated above. C. Samuel Ogren, Jr., as agent for Harald & Pamela Findlay, 3424 Polo Drive, Gulf Stream, Florida 33483 1. SITE PLAN REVIEW -To permit replacement of existing porch with a family room and add an additional 373.5 square feet with additions to various areas of the existing single family structure at the address stated above. D. Malcolm & Amy Butler, 4225 County Road, Gulf Stream, Florida. 1. VARIANCE -To permit addition of a garage that would encroach 5' into the north side yard setback and addition of a second story that will exceed the maximum floor area ratio by 4 percent. 2. SITE PLAN REVIEW -To permit the alteration of a nonconforming structure by replacing an existing porte cochere with a garage and adding a second story at the address stated above. VIII. Reports. A. Town Manager 1. Bi- monthly Water Use 2. September Ordinance Adoption B. Town Attorney C. Architectural Review and Planning Board 1. Regular Meeting & Public Hearing July 27, 1994 at 9 A.M. (Agenda Continued) July 1, 1994 AGENDA CONTINUED D. Finance Director 1. Financial Report for June, 1994 E. Police Report for June, 1994 F. Construction in Progress 1. In May, 1994 2. In June, 1994 IX. Items for Commission Action. A. Proposal for Trimming Australian pines B. PRESENTATION OF PROPOSED BUDGET FOR 1994 -1995 1. Budget Consideration 2. Proposed Operating Millage Rate for 1994 -1995 3. Proposed Debt Service Millage Rate for 1994 -1995 4. Certification of Rolled Back Rate on 1994 Tax Roll 5. Date of 1st Public Hearing for Budget Adoption C. Items by Commissioners X. Correspondence. A. Resolutions vigorously opposing and objecting to the Board of County Commissioners' proposed amendment to the Unified Land Development Code, which provides for a proposed Public Utilities Fee for the County's Department of Environmental Resources Management Wellfield Protection Regulatory Program. 1. #47 -94; City of Delray Beach 2. #63 -94; City of Lake Worth B. Resolution #68 -94 opposing passage of any legislation which regulates security measures for automatic teller machines (ATMs) on a state -wide basis. -City of Lake Worth C. Resolution #94 -0911 in opposition to casino type gambling in the State of Florida. -City of Tampa 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. NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a meeting on Wednesday, July 27, 1994, at 9:00 A.M., and the Town Commission will hold a meeting on Friday, August 12, 1994, at 9:00 A.M., both in the Commission chambers 1 of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application for development approval, a Site Plan Review, submitted by Howard Montgomery of Boca Dock & Seawall, Inc., as Agent for Henry Mellon, 4 Driftwood Landing, Gulf Stream, Florida 33483 to permit the removal of the existing dock and the installation of a new dock seventy (70) feet long and Five (5) feet wide, and three (3) mooring pilings at the address stated herein which is described as Lot #1, Driftwood Landing Subdivision. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at their respective meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. Complete application materials are on file in the office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed during regular business hours which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THIS MATTER may appear before the Architectural Review and Planning Board and the Town Commission 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 WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated July 6, 1994 TOWN OF GULF STREAM, FLORIDA P44 /r-- 2Q ;: — Rita L. Taylor, TOP Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a meeting on Wednesday, July 27, 1994 at 9:00 A.M., and the Town Commission will hold a meeting on Friday, August 12, 1994, at 9:00 A.M., both in the Commission chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application for development approval, a Site Plan Review, submitted by Steven J. Rooney & Gail A. Queeney, 930 Emerald Row, Gulf Stream, Florida 33483 to permit the installation of a five (5) foot x twenty (20) foot wooden dock and a ten (10) foot x ten (10) foot boat lift at the address stated herein which is described as Lot #57, Place Au Soleil Subdivision. The Architectural Review and Planning Board to the Town Commission, and the Town Commis decision regarding the subject application, meetings noticed above. These meetings may time and place to place as may be necessary evidence. shall make a recommendation >ion shall make a final at their respective be adjourned from time to to hear all parties and Complete application materials are on file in the office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed during regular business hours which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THIS MATTER may appear before the Architectural Review and Planning Board and the Town Commission 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 WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: July 6, 1994 TOWN OF GULF STREAM, FLORIDA 12 z =aj-z Rita L. Taylor, To Clerk REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 8, 1994,AT 9:00 A.M. IN THE COMMIS- SION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. II Call to Order. The meeting was called to order at 9:00 A.M. by Mayor Koch. Pledge of Allegiance. Pledge of Allegiance was led by Commissioner Armour. III. Roll Call. Present and Participating: Also Present & Participating: IV. Minutes. William F. Koch, Jr. Alan I. Armour James E. Cross A. Curtis True, M.D. Kathleen S. Wallace E. Scott Harrington Scott Hawkins Rita Taylor William Gwynn Robert Schultz John Bannister Amy Butler Rob Dittman Joan Orthwein Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Assistant Town Attorney Town Clerk Finance Director Police Chief Buyers Attorney (Hart) Applicant Place Au Soleil Assn. V.P. ARPB Chairman A. Special Joint Meeting of June 9, 1994 Commissioner Armour moved and Commissioner Wallace seconded that the minutes be approved as circulated. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Regular Meeting & Public Hearing of June 10, 1994. Commissioner True moved and Commissioner Cross seconded that the minutes be approved as circulated. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no chances in the aaenda VI. Announcements. A. Special Joint Meeting of July 21, 1994 CANCELLED B. Regular Meeting August 12, 1994 (Friday) at 9:00 A.M. C. Regular Meeting September 9, 1994 (Friday) at 4:00 P.M. D. Budget Hearing September 9, 1994 (Friday) at 5:01 P.M. E. Budget Hearing September 21, 1994 (Wednesday) at 5:01 P.M. These announcements were made by Mayor Koch and Commissioner Cross advised there is a possibility that he will be unable to attend the meeting to be held on August 12, 1994. G VII. Applications for Development Approval - PUBLIC HEARING. A. David Rhoten II, as agent for Eva Hart, 1535 N. Ocean Blvd. Gulf Stream, Florida 33483. Mayor Koch passed the gavel to Vice Mayor Armour stating that inasmuch as his firm is participating in the sale of the Hart property, he is declaring a conflict of interest. 1. SUBDIVISION & REPLAT- Request to divide the present 200.12' parcel at the above address into two 100.06' lots. Attorney Bannister explained that his client is the prospective buyer of this property and the sale is contingent upon the approval to divide the parcel into two lots. He further stated that the closing is scheduled for this afternoon, July 8, 1994, and that the neighbor on each side had been contacted and neither had an objection to the subdivision. Regular Meeting and Public Hearing Town Commission -July 8, 1994 page 2 Mr. Bannister, having been sworn in prior to any discussion of this matter, stated it would not be possible to divide the property unless the structure was demolished as it is constructed across what would be the dividing property line. Commissioner Wallace advised that the structure was designed by Marion C S. Wyeth, one of the most recognized architects in the area, and she questioned if the new owner would object having the Historical Society possibly remove a portion or portions of the structure to another location. Mr. Bannister stated he could not speak for his client on this matter but he could see no reason why this would not be possible as long as it would not increase the cost of the demolition. He stated he would speak to his client in this regard. Commissioner Cross moved to approve the subdivision and replat as shown on the plan subject to the applicant first obtaining demolition approval and site plan approval within one year from this date, July 8, 1994. The motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. 2. DEMOLITION PERMIT -To approve the demolition of the existing single family structure at the above address. Commissioner True moved and Commissioner Cross seconded the motion to approve the demolition permit of all structures indicated on the survey, with the exception of the seawall, subject to the applicant first obtaining a site plan approval within one year of this date, July 8, 1994, and that demolition not take place until the site plan approval is granted; and, should construction on the new house not begin within three (3) months of the completion of the demolition, the property must be landscaped and maintained in the interim. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. 3. AlA VEGETATIVE DISTURBANCE PERMIT -To remove the existing gatehouse and small narrow wall located within 5' of State Road AlA at the above stated address. Commissioner True moved, with the motion being seconded by Commissioner Wallace, that the AlA Vegetative Distrubance Permit be approved as requested with the same conditions that apply for the demolition permit. 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. G` B. Samuel Ogren, Jr., as agent for R. Stewart Scott, 2910 Gulf Stream Road, Gulf Stream, Florida 33483. 1. SITE PLAN REVIEW -To permit the enclosure of an existing porch area to add additional living area at the address stated above. Town Manager Harrington advised that Mr. Ogren is not present and that he would explain the request. He stated that the applicant is asking to be permitted to enclose an existing porch to add additional living area. He further explained that the structure as it exists exceeds the FAR but that the area that is to be enclosed is already roofed and counted in the FAR. Thus, the enclosure does not add to the nonconformity and does not require a variance. Regular Meeting and Public Hearing Town Commission -July 8, 1994 page 3 Joan Orthwein, Chairman of the ARPB, reported that the Architectural Review and Planning Board recommended that the site plan be approved as submitted. Commissioner Wallace moved and Commissioner Cross seconded that the site plan be approved as submitted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. C. Samuel Ogren, Jr., as agent for Harald & Pamela Findlay, 3424 Polo Drive, Gulf Stream, Florida 33483. 1. SITE PLAN REVIEW -To permit the replacement of an existing porch with a family room and add an additional 373.5 square feet with additions to various areas of the existing single family structure at the address stated above. Once again Mr. Harrington advised that he would explain the request in the absence of Mr. Ogren and the applicant. He explained that there are actually five areas to which small additions are planned. 1) Closet space on the southeast corner of the house. 2) Family room near the north- west corner of the house, partially replacing an existing covered patio which will be removed. 3) Guest bedroom on the north side of the house. 4) Two -car garage on northeast corner of the house with a portion of same converted from existing living area and garage areas. 5) Vestibule on east side of house. Chairman Orthwein advised that the ARPB recommends approval of the request as submitted, adding that all were in agreement that the proposed renovations will make a vast improvement in the appearance of the structure. Commis- sioner Armour moved and Commissioner Wallace seconded that the site plan be approved as submitted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. D. Malcolm & Amy Butler, 4225 County Road, Gulf Stream, Florida. 1. VARIANCE -To permit the addition of a garage that would encroach 5' into the north side yard setback and addition of a second story that will exceed the maximum floor area ratio by 4 percent. Amy Butler was recognized and explained that her lot is one of the smallest in the Town and pointed out that when comparing her dwelling to others along County Road, it is much smaller than the average. She stated that the improvements that are proposed are intended to bring her property more into conformity with others in the area. She added that the additions are the minimum possible to be functional and architecturally pleasing. Mayor Koch called attention to a letter from Brooke Lee, an adjacent neighbor, who is opposed to the proposed improvements. Mrs. Butler advised she had spoken to Mrs. Lee and sent her copies of the plans. Following that, Mrs. Lee had told her that she had no objection and that she regret- ted having sent the letter. Commissioner Armour questioned if the existing landscape buffer next to Mrs. Lee would remain. Mrs. Butler stated that the planting is on the Lee property and they would not be removing it. Mrs, Orthwein, Chairman of the ARPB, reported that the Board recommended that both variance requestes be granted as submitted. Mr. Harrington Regular Meeting and Pulbic Hearing Town Commission -July 8, 1994 page 4 stated that the structures on each side of the Butlers are approximately the same size as the existing Butler structure and that they would be able to add on if they so desire without exceeding the FAR. Commissioner Cross moved that the addition of a garage that C setback and the addition of a 'floor area ratio by four (4) sioner Wallace. Roll Call: Armour; AYE, Comm. True; AYE, variances be granted as requested to permit would encroach 5' into the north side yard second story that will exceed the maximum percent. The motion was seconded by Commis - :omm. Wallace; AYE, Comm. Cross; AYE, Comm. and Mayor Koch; AYE. 2. SITE PLAN REVIEW -To permit the alteration of a nonconforming structure by replacing an existing Porte cochere with a garage and adding a second story at the address stated above. Commissioner Wallace moved and Commissioner True seconded the motion to approve the site plan as presented. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. ► *A "APE 7of� 1GR &_yl A. Town Manager 1. Bi- monthly Water Use. Mr. Harrington called attention to the bar graph comparing water consumption by fiscal years. He pointed out that the period of June and July is critical in that in the year 1992 -1993, water consumption had exceeded the previous three years for the same period. He stated that he expects to address the matter of water conservation in the rate study that is soon to be commenced. 2. September Ordinance Adoption. The Town Manager reminded that the Commission directed that three ordinances be prepared for the September, 1994 agenda addressing 1) Home occupations; 2) Parking on front lawns; 3) Deleting ARPB meetings during the month of August. He questioned if perhaps the Commis- sion would want to de]ayaction on these and include them with the new ordinances that will be needed in regard to the zoning changes that may result from the study that is now underway, thus reducing the cost of ad- vertising. The Commission directed that they be prepared for at least a preliminary review in September. B. Town Attorney. There was no report from the Town Attorney. C. Architectural Review and Planning Board 1. Regular Meeting & Public Hearing July 27, 1994 at 9 A.M. Chairman Orthwein announced the above. D. Finance Director 1. Financial Report for June, 1994. Mr. Gwynn presented a partial report, advising that due to the early date of the meeting following the close of the month and the preparation of the proposed budget, he had been unable to complete the comparision portion of the report. He called attention to three items of revenue, Fines, County Gas Tax and Half Cent Sales Tax which cover a two month period. He further pointed out that the balance in the Invested Funds for the General Fund is higher than last year at this time by $23,000.00. There was no motion to approve the report in that it was not complete. Regular Meeting and Public Hearing Town Commission -July 8, 1994 page 5 E. Police Report for June, 1994 Chief Schultz reported that he attended the Palm Beach County E.O.C. Hurricane Drill on June 15, 1994 at the Delray Beach Fire Department main station. He further reported that 1h hrs. after the start of the exercise it became apparent that the County was unable to fulfill requested assist- ance from municipalities. Chief Schultz closed by stating that the conclusion from this is that the municipalities are on their own when it comes to a countywide emergency. F. Construction in Progress. 1. In May, 1994 The report revealed there to be $6,397,560 worth of construction in progress in May, 1994. 2. In June, 1994 There was $6,481,895 worth of construction in progress in June, 1994. IX. Items for Commission Action. A. Proposal for Trimming Australian Pines. Mr. Harrington reported that the one day trial, trimming the trees, went very well. As a result Mr. Hoyt has presented a proposal to complete the trimming with two options. To complete Phase I at this time and Phase II at a later time, the total cost would be $46,034. To complete both Phase I and Phase II at the same time, the cost would be $37,148. In view of the large savings, Commissioner True moved that Phase I and Phase II be complet- ed as soon as possible at a cost of $37,148. 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. B. PRESENTATION OF PROPOSED BUDGET FOR 1994 -1995 Mr. Harrington presented the budget as proposed for 1994 -1995 and explained that there is $5,500 less than last year in anticipated revenue. He advised that the figures being used for estimates are taken one month earlier than last year due to the early date selected for budget presentation and pre- liminary figures from the Property Appraiser have been used for the same reason. He advised he had cut the contingency by $5000 in order to balance. He stated the budget reflects a tax increase of h of 1% and it would be necessary to cut $4,400 from the expenditures to reach the rolled back rate. He believed this presents three options. 1) Set the millage at h of 1% over rolled back rate. 2) Go to the rolled back rate. 3) Put the $5,000 back into contingency and set the proposed millage at 18 or more over rolled back rate. He stated it was his intention to present a budget at the rolled back rate but this could be achieved only by cutting the contingency. Finance Director Gwynn stated that during the next three months they would be looking at the figures in order to get a more accurate estimate of revenue and expenditures by the time of actual budget adoption. Mr. Harrington reminded that once the proposed millage is set, it cannot be increased later but that it can be reduced. He stated he and Mr. Gwynn would work to reduce the budget between now and September. Commissioner True and Commissioner Wallace believed that the millage should be proposed at a greater than rol- led back rate in order to give the manager some latitude in the event the estimates proved to be unrealistic. Commissioner True noted that the rolled back rate of 3.2897 mills increased by 1% would be 3.3226 mills per $1,000 of assessed value. Mr. Armour called attention to a letter from the Place Au Soleil Homeowners Association requesting that the Town include $5,500 in the budget to trim certain trees in Place Au Soleil and maintain the entrance landscaping. Regular Meeting and Public Hearing Town Commission -July 8, 1994 page 6 Mr. Rob Dittman, Vice President of the Association stated that they are requesting that the Town include $4,500 to cover maintenance of the landscaping at the entrance to Place Au Soleil and $1,000 to cover the cost of trimming or removing certain trees that are blocking the street lights. He further stated that this cost is substantially less than the proposed cost of the AlA Australian pine tree project. Commissioner Wallace pointed out that the AlA project is a one time cost as the remaining will be covered by donations while the maintenance in Place C Au Soleil.is continuing. Mr. Dittman advised that the Association has been paying for this but it has been increasingly difficult to collect the assessments in that there is no mandatory provision for doing so. Commissioner True suggested that $2,000 be donated to the Association to help defray the costs. Commissioner Armour was not in favor of the Town participating in the tree trimming as there would be other residents who would expect their trees to be trimmed if they overhung the right - of -way. He was in favor of paying for the maintenance of the entrance. Commissioner Wallace pointed out that the Town currently spends $1,200 per year to cover the cost of watering the entrance area. Town Manager Harrington advised that he had reviewed the records and found that at the time the entrance was changed, Place Au Soleil Association asked the Town for funds and labor to landscape the area. The Association then further stated that if the Town would help, the Association would be responsible for maintaining it. He added that the Town does maintain the guard house that was paid for by the Association and given to the Town. Commissioner True moved to increase the proposed budget by $2,000 to be given to the Association for maintenance of the entrance. 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. 2. Proposed Operating Millaqe Rate for 1994 -1995. Commissioner True then moved and Commissioner Wallace seconded that the proposed millage be established at 3.3226 per $1,000 of appraised value. Following discussion, Commissioner Wallace withdrew her second and Commis- sioner True withdrew his motion. Commissioner True moved that the proposed operating millage be established at 3.3298 mills per $1,000 of assessed value, which will generate approximate- ly $917,360 in taxes and would be an increase of 1.22% over 1993 -1994. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; NAY. Mayor Koch explained that he was not in favor of increasing the millage to cover the $2,000 that was added to the budget for maintenance to the entrance of Place Au Soleil. He believed that $2,000 should be cut from other budgeted items to cover it. Commissioner Wallace was excused from the meeting in order to keep a previous appointment. 3. Proposed Debt Service Millage Rate for 1994 -1995. Commissioner Armour moved and Commissioner True seconded that the proposed millage be established at .7434 for the debt service. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting and Public Hearing Town Commission -July 8, 1994 page 7 4. Certification of Rolled Back Rate on 1994 Tax Roll. Commissioner True moved and Commissioner Cross seconded that the Rolled Back Rate be certified at 3.2897 mills per $1,000 of assessed value. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 5. Date of 1st Public Hearina for Budget Adoption. It was announced by Mayor Koch that the 1st Public Hearing for Budget Adoption would be held at 5:01 P.M. on September 9, 1994,in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida. C. Items by Commissioners. There were no items by the Commissioners. X. Correspondence. A. Resolutions vigorously opposing and objecting to the Board of County Commissioners' proposed amendment to the Unified Land Development Code, which provides for a proposed Public Utilities Fee for the County's Department of Environmental Resources Management Wellfield Protection Regulatory Program. 1. #47 -94; City of Delray Beach 2. #63 -94; City of Lake Worth Town Manager Harrington advised that staff has prepared Resolution #94 -8 which is similar to the above in the event the Commission wished to join in these objections. He added that the Municipal League is opposed to this amendment and most municipalities are opposing it. Mayor Koch directed that the resolution be read by title. Following the reading of the title of Resolution 94 -8 by the Town Clerk, Commissioner Armour moved for the adoption of Resolution #94 -8 which was seconded by Commissioner Cross. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Resolution #68 -94 opposing passage of any legislation which regulates security measures for automatic teller machines (ATMs) on a state -wide basis. -City of Lake Worth. C. Resolution #94 -0911 in opposition to casino type gambling in the State of Florida. -City of Tampa. Items B. and C. were made a part of the record. XI. Public. There was no comment from the public. C XII. Adjournment. Mayor Koch adjourned the meeting at 11 :10 A.M. on a motion to do so made by Commissioner Armour and seconded by Commissioner True with all voting in the affirmative. Rita L. Taylor, T n Clerk FORM 813 . MEMORANDUM_ OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL. PUBLIC OFFICERS I wNl \ \\II IIN,I N. \MI wool N.AMI _ %A111 Of BOAR O. COUNCIL. COM MISSIO N. At 'I HOR 111.(11:(1111 Al I 1 111 KOCH, WILLIAM F., JR. Town Commission \I \II ]N( \OURI \\ ]10 IIOARO.('OON('II_C- OMMISSION. AUI HORII YOR('OKI Nil 1'I hl UN N 1(1('11 I sl'Rvi- IS A IINII OF' 545 Golfview Drive ❑,c(-IlY ❑ COUNTY ❑ OI HER I.00AI AGFN('1 ('111 ••,, .•,• \AMP OF IVII7IC'AI. SUx01 VISION. Gulf Stream Florida 33483 Town of Gulf Stream 111 ON \11111'11 %011 OM Wit . A11' Posit ION M: July 8, 1994 EX EI.E( -I1VE ❑ APPOISII\F WHO MUST FILE FORM 8B This form I, for use b\ all\ person scr\ inn at Ilse count \, cli\, or 011ie! local Iccel of government on an al: pointed oI cicetcd beard . council. commission. authoriq', or conimiuee. It applic, equally to members of advisory and non - advisor} bodic, n h,) are presented %lith a \otinc conflict of interest under Section 112.3143, Florida Statutes. ,tour responsibilities under the lav, when faced with a measure in \vhich you have a conflict of interest \\ ill \arc ercatly dependine on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count\. municipal. or other local public office \JUST ABSTAIN from \onn_• on a nnca.ur: \vhich inure, to his special private gain. Each local officer also is prohibited from knowingly voting on a measure \vhich inure, to the special gain of a principal (other than a gmernment agency) by %vhom he is retained. In either case you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly staling to the assembly the nature of your interest in ;he measure On \\hich you are abstainine from woting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form \%fill the person resporoiblc for recording the minutes of the meetine, who should incorporate the form in the minutes. APPOINTED OFFICERS: 1 person holding appointive county, municipal, or other local public office MUST ABSTAIN from \otin_• on a measure \\hich inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure \vhich inures to the special gain of a principal (other than a government agency) by \vhom he is retained. A person ho!ding an appointive local office otherwise may participate in a matter in \vhich he has a conflict of interest, but must disclose the nature of the conflict before making am' attempt to influence the decision by oral or oritten connnnunicalion, v\hcther made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • lbu should complete and file this form (befor: making any attempt to influence the decision) \\ith the person responsible for recording the minutes of the meeting, who \\ill 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 ha\e a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION 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 LOCAL OFFICER'S INTEREST 1, William F. Koch, Jr. hereby disclose that on July 8, 1994 19 (a) A measure came or will come before my agency which (check one) mured to m% special private gain: or x inured to the special gain of Koch Realty , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: An application to subdivide and replat a parcel.of property at 1535 N. Ocean Blvd., Gulf Stream, Florida, owned by Eva Hart, was presented for approval by the Town Commission.. Inasmuch as Koch Realty, with in the sale of the property, approval of the application, conflict of interest. 7 -8 -94 Date Filed whanI am associated, participated and the sale was contingent on the I felt it necessary to declare a (JZZZ40� 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. CE FORM Na- 141 PAGE 2