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HomeMy Public PortalAbout07/19/1996July 12, 1996 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Joan K. Orthwein A. Curtis True, M.D. REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION /BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 19, 1996, AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA 33483. I_TH `[71 I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting /Public Hearing of June 7, 1996 B. Special Meeting of July 10, 1996 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing- August 7, 1996 at 9 A.M. 2. Regular Meeting & Public Hearing -Sept. 4, 1996 at 4 P.M. - (to be confirmed) 3. Public Hearing (Tentative Budget 1996/97) -Sept. 4, 1996 at 5:01 P.M. (to be confirmed) 4. Public Hearing (Budget Adoption 1996/97)- Sept.20, 1996 at 5:01 P.M. (to be confirmed) 5. Regular Meeting & Public Hearing- October 11, 1996 (to be confirmed) VII. PUBLIC HEARING -Board of Adjustment A. Applications for Development Approval 1. Mark Marsh of Digby Bridges, Marsh and Associates as Agent for Carl W. Smith, owner of the property located at 1919 N. Ocean Blvd., Gulf Stream, Fl. that is legally described as Lot 1, Wm. H. Evans Subdivision. �J a. LAND CLEARING PERMIT -To permit the removal /relocation of significant vegetation and to add fill. b. AlA VEGETATIVE DISTURBANCE PERMIT -To permit improvements and landscape alterations within the historic corridor. C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a two - story, single family dwelling and accessory structures. 2. Mark Marsh of Digby Bridges, Marsh and Associates as Agent for Chris D. Wheeler, contract purchaser of the property located at 24 Hidden Harbour Drive, Gulf Stream, Florida which is legally described as Lot 4, Hidden Harbour Estates. a. VARIANCE -To permit the square footage of a proposed two -story dwelling to exceed the maximum permitted Floor Area Ratio by 300 square feet at this location. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a two - story, single family dwelling and accessory structures at this location 3. Rustem Kupi and Mark Vigneault of Kupi & Vigneault Architects as agents for Ocean Breezes, Ltd., contract purchaser of the properties located at 560 Old School Road and 570 Wright Way, Gulf Stream, Florida which are legally described as Lot 10 & Lot 11, Block 3, Polo Fields #1 Subdivision. a. DEMOLITION PERMIT -To permit the demolition of existing structures on this property. b. SUBDIVISION REVIEW -To permit the replatting of this property into two new parcels of 17,123 square feet of ef- fective lot area and 27,990 square feet of effective lot area. VIII. Reports. A. Town Manager 1. Bi- monthly water consumption B. Town Attorney C. Architectural Review & Planning Board 1. Future meeting dates a. No meeting in August b. September 25, 1996 at 8:30 A.M. C. October 30, 1996 at 8:30 A.M. D. Finance Director 1. Financial Report for June, 1996 E. Police Chief 1. Activity for June, 1996 F. Construction in progress in June, 1996 IX. Items for Commission Action. A. Request for a Construction Trailer -Ocean Breezes, Ltd. B. Resolutions 1. No. 96 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, IN SUPPORT OF S. 1811 and H.R. 3551, TITLED "THE SHORE PROTECTION ACT OF 1996 "; URGING THE BILLS' (QUICK PASSAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 AGENDA CONTINUED VII. PUBLIC HEARING CONTINUED. A. Applications for Development Approval Continued 4. Rustem Kupi and Mark Vigneault of Kupi & Vigneault Architects as Agents for Ocean Breezes, Ltd., contract purchaser of the property located at 560 Old School Road, Gulf Stream, Florida 33483, legally described as Lot 10 and Part of Lot 11, Block 3, Polo Fields Subdivision #1. a. LAND CLEARING PERMIT -TO permit removal and relocation n of existing plant material that falls within the proposed building footprint. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a one - story single family dwelling and accessory structures at this location. 5. Ronald H. Miller as Agent for Ramon V. Nicholl, owner of the property located at 544 Banyan Road, Gulf Stream, Florida, legally described as Lot 6, Polo Cove Subdivision. a. SPECIAL EXCEPTION -To permit the addition of a sun deck that will extend a non - conforming wall line of the existing structure. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit enclosing an existing stairway, enclosing existing scre- ened area to increase living area, construction of a gazebo and a landscape wall. 6. Rustem Kupi and Mark Vigneault of Kupi & Vigneault Architects as Agents for Scott and Lisa Morgan, contract purchasers of the property located at 570 Wright Way, Gulf Stream, Florida, that is legally described as Lot 11, Block 3, Polo Fields #1 Subdivision. a. LAND CLEARING PERMIT -To permit removal and relocation of existing plant material that falls within the proposed building footprint. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a two- story, single family dwelling and accessory structures at the above location. 7. Bill Free, General Partner of Wyndsor Building & Design, as Agent for Harold Pontius, owner of the property at 1315 N. Ocean Blvd., Gulf Stream, Florida 33483 that is legally described as Part of Lot 5 and Part of Lot 6, Revised Plat of Blocks D & E, Palm Beach Shores Acres Subdivision. a. SPECIAL EXCEPTION -To permit the addition of a covered patio to the dwelling under construction that will exceed the maximum permitted floor area by 69 Sq. Ft. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW AMENDMENT -To increase the total square footage of the dwelling under construction that was previously approved and to permit the removal of the muntin bars on the doors & windows on the rear of the building at the location stated herein. VIII. Reports. A. Town Manager 1. Bi- monthly water consumption B. Town Attorney C. Architectural Review & Planning Board 1. Future meeting dates a. No meeting in August b. September 25, 1996 at 8:30 A.M. C. October 30, 1996 at 8:30 A.M. D. Finance Director 1. Financial Report for June, 1996 E. Police Chief 1. Activity for June, 1996 F. Construction in progress in June, 1996 IX. Items for Commission Action. A. Request for a Construction Trailer -Ocean Breezes, Ltd. B. Resolutions 1. No. 96 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, IN SUPPORT OF S. 1811 and H.R. 3551, TITLED "THE SHORE PROTECTION ACT OF 1996 "; URGING THE BILLS' (QUICK PASSAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 3 AGENDA CONTINUED IX. Items for Commission Action Continued. B. Resolutions Continued 2. No. 96 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A PRO -RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS FOR THE CITY OF DELRAY BEACH. C. BUDGET PRESENTATION (1996 -1997) ✓7 1. Budget consideration 2. Proposed Millage Rate for 1996 -1997 3. Certification of Rolled Back Rate 4. Date of 1st Public Hearing toward budget adoption 5. Date of 2nd Public Hearing for budget adoption D. Items by Mayor and Commissioners X. Correspondence. A. Resolutions opposing recommendations in the President's 1996 budget request which would remove federal participation in water resources projects, including beach renourishment projects which are not "nationally significant ". 1. #95 -96; City of Boca Raton 2. #686; Town of Highland Beach B. Resolutions adopting the position of the Palm Beach County Municipal League, Inc. with regard to the School Concurrency Issue. 1. #96 -07; City of Atlantis 2. #2189; City of Belle Glade 3. #113 -96; City of Boca Raton 4. #96 -6; Town of Briny Breezes 5. #96 -4; Town of Glen Ridge 6. #687; Town of Highland Beach 7. #96 -221; Town of Hypoluxo B. #61 -96; City of Lake Worth 9. #R- 16 -96; Town of Lantana 10. #382 -96; Town of Mangonia Park 11. #45 -96 Village of North Palm Beach 12. #84, 1996; City of Palm Beach Gardens 13. #472; Town of Palm Beach Shores 14. #96 -31; Village of Palm Springs C. Resolution No. 96 -25 congratulating -Carol A. Roberts, District 2, Board of Palm Beach County Commissioners, who has been elected President of the Florida League of Counties Association. XI. Public. XII. 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 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. F.S.S. 286.0105. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 19, 1996, AT 9:00 A.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 9:00 A.M. II. Pledge of Allegiance. Commissioner Armour led the Pledge of Allegiance III. Roll Call. C) Present and William F. Koch, Jr. Mayor Participating: Alan I. Armour Vice Mayor James E. Cross Commissioner Joan K. Orthwein Commissioner A. Curtis True, M.D. Commissioner Also Present & E. Scott Harrington Town Manager Participating: John Randolph Town Attorney Rita Taylor Town Clerk William Thrasher Finance Director Robert Schultz Police Chief Mark Marsh Agent for Mr. Smith and Agent for Mr. Wheeler Rustem Kupi Agent for Ocean Breazes, Inc. and Agent for Mr. Morgan Ronald Miller Agent for Mr. Nicholl Bill Free Agent for Mr. Pontius Mark Pulte Agent for Ocean Breezes, Inc. IV. Minutes. A. Regular Meeting /Public Hearing of June 7, 1996 B. Special Meeting of July 10, 1996 Commissioner Armour moved and Commissioner Cross seconded that the minutes of these two meetings be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Mayor Koch suggested that Item VII.A. 6 be moved to follow Item VII. A. 4 and that Item IX.A. then be heard following Item VII.A.6. There were no objections. VI. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing- August 7, 1996 at 9 A.M. 2. Regular Meeting & Public Hearing -Sept. 4, 1996 at 4 P.M. (to be confirmed) 3. Public Hearing (Tentative Budget 1996/97) -Sept. 4, 1996 at 5:01 P.M. (to be confirmed) 4. Public Hearing (Budget Adoption 1996/97) -Sept 20, 1996 at 5:01 P.M. (to be confirmed) 5. Regular Meeting & Public Hearing- October 11, 1996 (to be confirmed) These announcements were made by Mayor Koch. The Town Clerk advised that the Palm Beach County Commission had not confirmed their tentative public hearing dates. She said if they changed them, it might be necessary to change the Gulf Stream dates as the law does not permit municipalities to hold budget hearings on the same dates as the County Commission and the School Board. She requested the Commission authorize the staff to adjust the selected dates,if necessary, without having to call a special meeting of the Commission to make the adjustment. This authorization was given with unanimous agreement of the Town Commissioners. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 2 VII. PUBLIC HEARING -Board of Adjustment. Mayor Koch asked that all of those persons who would be speaking to any of the matters to be heard at this Public Hearing to please stand to receive the Oath. The Oath was administered to Mark Marsh, Rustem Kupi Mark Vigneault, Mark Pulte, Ronald Miller, and Bill Free.by the Town Clerk. A. Applications for Development Approval. 1. Mark Marsh of Digby Bridges, Marsh and Associates as Agent for Carl W. Smith, owner of the property located at 1919 N. Ocean Blvd., Gulf Stream, F1. that is legally described as Lot 1, Wm. H. Evans Subdivision. Mayor Koch declared a conflict in this matter in that his son participated in the sale of this property. He then passed the gavel to Vice Mayor Armour. Mark Marsh presented a site plan of the property, outlining in orange the structures to be removed and outlining in yellow the structures to be built. He indicated that most of the existing vegetation will be maintained or relocated. The vegetation to be relocated will be temporarily transplanted to a holding area on the west end of the property where it will be irrigated. Mr. Marsh noted further that the perimeter plantings along AlA, as well as the existing curb cut, sill remain unchanged. However, within the property, the driveway will be re- routed to create a more dramatic entrance. Mr. Marsh then focusted on the proposed home, describing the style as "island colonial ", noting the U -shape of the footprint and the courtyard with encircling verandah. He displayed a colored perspective of the east side and pointed to the finish elements to be incorporated such as a gray, cement -tile roof with the ridge line at 35 feet; off -white stucco walls; white window trim with green shutters; and covered porches with Chippendale handrails. Mr. Harrington reviewed his report wherein he recommended approval of the Land Clearing Permit and North Ocean Boulevard Landscape Disturbance Permit, as proposed, based on a finding that all of the applicable requirements had been met. Continuing with his report, Town Manager Harrington said that he also recommended approval of the Level 3 Architectural /Site Plan with three conditions: 1) that a minimum 5 foot fence or wall be provided to enclose the pool area as per County building requirements; 2) that the pool storage area have a minimum 15 foot setback from the west property line; and 3) the applicant submit north and south elevations for the garage that comply with all applicable standards in the Design Manual. Mr. Harrington advised that it would not be necessary to give consideration to his third recommendation regarding the garage as drawings of the garage have been submitted and reviewed and found to comply with the above mentioned standards. Mr. Marsh then advised that subsequent to the Public Hearing held by the ARPB, the owner had expressed a desire to make a change in what is called the "ocean room" by putting french doors on the face of the verandah and replacing the wide columns with narrow columns to match those on the balcony of the second floor. He further advised the when presenting this proposed change to Mr. Harrington, he was advised that it appears the amount of glass on the east elevation would exceed the standards in the Design Manual. Mr. Marsh distributed copies of the proposed change. The Commissioners expressed a preference of the design that was oriVinally proposed. Mr. Marsh then stated that Mr. Smith had instructed him to withdraw the request for consideration of a change if it was in conflict or poorly received. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 3 Having said that, Mr. Marsh requested that only the original design be considered for approval by the Commission. There was no comment from the public and the members of the Commission complimented Mr. Marsh on the design. a. LAND CLEARING PERMIT -To permit the removal /relocation of significant vegetation and to add fill. CCommissioner Orthwein moved and Commissioner Cross seconded that a Land Clearing Permit be approved based on a finding that the plans and documents submitted by the applicant, as proposed, meet all applicable permitting criteria. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. b. AlA VEGETATIVE DISTURBANCE PERMIT -To permit improvements and landscape alterations within the historic corridor. Commissioner Orthwein moved and Commissioner True seconded that a North Ocean Bouleverd Landscape Disturbance Permit be approved based on a finding that the plans and documents submitted by the applicant, as proposed, meet all applicable permitting criteria. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a two - story, single family dwelling and accessory structures. Vice Mayor Armour asked for public comments and there were none. Commis- sioner True moved and Commissioner Orthwein seconded that approval of a Level 3 Architectural /Site Plan Review be given, based on the plans and documents submitted by the applicant and a finding that the following conditions are necessary for the proposed improvements, including the demolition of the existing structures, -to be, consistent with applicable review criteria: 1) a minimum 5 foot fence or wall shall be provided to enclose the pool area as per County building requirements; 2) the pool storage building shall have a minimum 15 foot setback from the west property line. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. Vice Mayor Armour returned the gavel to Mayor Koch at this time. 2. Mark Marsh of Digby Bridges, Marsh and Associates as agent for Chris D. Wheeler, contract purchaser of the property located at 24 Hidden Harbour Drive, Gulf Stream, Florida, which is legally described as Lot 4, Hidden Harbour Estates. Mr. Marsh presented a plan which showed the setback variances granted to a previous application for the same property. He indicated that in most instances, the proposed home had setbacks that were 50% greater than what had previously been approved. Mr. Marsh noted that the proposed floor area variance resulted from two things. First, the Design Manual provides for a simulated right -of -way along private roads whereby the first 10 feet of property from the edge of the private road is not counted as part of the lot area. Second, the design of the home includes a large covered patio area. Together, these two items cause the square footage of the home to exceed the maximum permitted floor area by 295 square feet. According to Mr. Marsh, were the assumed right - of -way not deducted from the lot area calculation, the home could be 500 square feet larger. He then presented drawings showing a trellis in place of a portion of the covered patio should the Commission not approve the variance request. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 4 Plans for the home were presented next by Mr. Marsh. He pointed out that the lot is unusual in that it is quite a bit wider than it is deep. As a result, the home has a linear appearance along the street that he has attempted to break up on the elevations by using varying eave heights, some decorative elements and trellises. Despite the long length of the home along the street, Mr. Marsh noted a great deal of open space is left on the east end of the property where the property has a high visibility from the main portion of Hidden Harbour Drive as you come down the hill heading west. After reviewing the floor plans for both the first and second floors, Mr. Marsh reviewed the exterior in some detail. Mr. Marsh presented a perspective of the rear of the house and described the design as a "Venetian" Mediterranean. Exterior elements include: hand - formed, clay barrel tile; stucco walls; cypress trellises; wood out lookers on the second floor with enclosed eaves for the one story elements; and a stone balustrade along the second floor balcony. Turning to the elevations for the other three sides, Mr. Marsh noted that the home has a "four- sided" design in that all four sides of the home were carefully thought out and planned. Common design elements and themes are reflected in each of the sides. At the completion of Mr. Marsh's presentation, Mr. Harrington reviewed his report and recommendations. Mr. Harrington noted that the requested floor area variance normally would be reviewed as a Special Exception. However, because the site has been granted other variances, Special Exceptions are not permitted as such and must be treated as variances. Article IV, Section E.2. of the Design Manual permits roof projections to exceed the maximum floor area by up to 300 square feet by Special Exception, provided certain standards are met. In this case, Mr. Harrington noted, the home exceeds the maximum floor area by 295 square feet due to the large covered patio area in the back. Mr. Harrington stated that he found the requested floor area variance to be consistent with both the variance and Special Exception criteria and recommended approval with the condition that the owner record a deed restriction that would prohibit enclosing any portion of the covered patio or adding additional square footage to any part of the house or property. Mr. Harrington went on to say that he found the proposed home and site plan met all applicable Architectural /Site Plan Review criteria with the following three conditions: 1) a minimum 5 fnnt fence or wall be provided to enclose the pool as per County building requirements; 2) the fountain north of the pool deck maintain a minimum 9 foot setback from the canal as per the previously approved rear /water setback variance for minor accessory structures; and 3) prior to the issuance of a Certificate of Occupancy, the applicant record a deed restriction which prohibits the future enclosure of the covered patio area or the addition of floor area as currently calculated in the Design Manual. Mr. Wheeler, from the audience, advised that he was agreeable to all of the conditions recommended by Mr. Harrington. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 5 a. VARIANCE -To permit the square footage of a proposed two -story dwelling to exceed the maximum permitted floor Area Ratio by 300 square feet at this location. Commissioner Armour moved that a variance be granted to permit 295 square feet of additional floor area based on the plans and documents submitted by the applicant and a finding that the following condition is necessary for the proposed improvements to be consistent with the applicable Variance criteria and the Special Exception criteria found in Article IV, Section E.2. of the Gulf Stream Design Manual; prior to the issuance of a Certificate of Occupancy, the applicant shall record a deed restriction that prohibits the enclosure of the covered patio area or the addition of floor area as currently calculated in the Design Manual. The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a two- story, single family dwelling and accessory structures at this location. Commissioner Orthwein moved and Commissioner Armour seconded that the Level 3 Architectural /Site Plan Review be approved based on the plans and documents submitted by the applicant and a finding that the following conditions are necessary for the proposed improvements to be consistent with the applicable review criteria: 1) a minimum 5 -foot fence or wall shall be provided to enclose the pool area as per County building requirements; 2) the fountain north of the pool deck shall maintain a minimum 9 -foot setback from the canal as per the previously approved rear /water setback Variance for minor accessory structures; and 3) prior to the issuance of a Certificate of Occupancy, the applicant shall record a deed restriction which prohibits the future enclosure of the covered patio area or the addition of floor area as currently calculated in the Design Manual. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 3. Rustem Kupi and Mark Vigneault of Kupi & Vigneault Architects as agents for Ocean Breezes, Ltd., contract purchaser of the properties located at 560 Old School Road and 570 Wright Way, Gulf Stream, Florida which are legally described as Lot 10 & Lot 11, Block 3, Polo Fields #1 Subdivision. Mr. Kupi presented two surveys, one showing the location of the existing home, which covers both lots, and the other showing the proposed lot lines for the two proposed lots. Mr. Kupistated that the existing home and all related improvements would be demolished to make way for two new homes. Referring to his report, Mr. Harrington noted that the property originally contained two lots which were combined when the existing house was built. Since that time, the Town has changed its minimum lot area requirements, which the eastern original lot (Lot 10) no longer meets. As a result, two new lots must be configured with each having a minimum 16,500 square feet of dry land area and at least 100 feet of width. He went on to say that he found both the proposed subdivision and Architectural /Site Plan Review for the demolition met all applicable criteria and that he recommended approval of both. Replying to a question as to whether the two lots were in a unity of title at this time, Mr. Pulte, from the audience, replied that they were but an investigation had revealed that only the Town of Gulf Stream was named in the unity of title. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 6 a. DEMOLITION PERMIT -To permit the demolition of existing structures on this property. Commissioner Orthwein moved and Commissioner Armour seconded the approval of a Level 3 Architectural /Site Plan Review to permit demolition of the existing home and improvements based on a finding that the site plan, as proposed, meets all applicable review standards, provided that the existing Unity of Title does not involve anyone other than the Town of Gulf Stream. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; Comm. True; AYE, and Mayor Koch; AYE. b. SUBDIVISION REVIEW -To permit the replatting of this property into two new parcels of 17,123 square feet of effective lot area and 27,990 square feet of effective lot area. Hearing no comment from the public, Commissioner Orthwein moved and Commis- sioner Armour seconded that the approval of a two -lot subdivision be granted based on a finding that the lot sizes and dimensions, as proposed, meet all applicable review standards, provided that the existing Unity of Title does not involve anyone other than the Town of Gulf Stream. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 4. Rustem Kupi & Mark Vigneault of Kupi & Vigneault Architects as Agents for Ocean Breezes, Ltd., contract purchaser of the property located at 560 Old School Road, Gulf Stream, Florida 33483, legally described as Lot 10 and Part of Lot 11, Block 3, Polo Fields Subdivision #1. Mr. Kupi reviewed the plans for the proposed one - story, new home, noting its Bermuda architecture through the incorporation of stucco walls, white cement tile roof, use of muntins, and louvered shutters. He pointed out that the very tall existing hedge along Old School Road would be maintained to screen the three -car garage from the street. In answer to a question from Commissioner Armour, Mr. Kupi advised that the ridge line of the roof would be Iess, than 24 feet. In summarizing his report, Mr. Harrington referred to the landscape draw- ings and said that he found the project, as proposed, meets all applicable Land Clearing Permit criteria,.and that he and the ARPB found the house and site plans to be consistent with all applicable Architectural /Site Plan Review criteria, with 4 conditions: 1) a minimum 5 foot fence or wall be provided to enclose the pool area as per County building regulations; 2) a minimum of 40% open space be provided in the front yard in accordance with the Design Manual; 3) the driveway material shall conform to the �- requirements of the Design Manual; and 4) the hedge continue to be main- tained along Old School Road. a. LAND CLEARING PERMIT -To permit removal and relocation of existing plant material that falls within the proposed building footprint. Commissioner Orthwein moved, after hearing no comment from the public, and Commissioner Armour seconded that a Land Clearing Permit be granted based on a finding that the plans and documents submitted by the applicant, as proposed, meet all applicable permitting crideria. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True, AYE and Mayor Koch; AYE. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a one -story single family dwelling and accessory structures at this location. There was no public comment. Commissioner Orthwein moved and Commissioner True seconded that approval be granted based on the plans and documents submitted by the applicant and a finding that the following conditions are necessary for the proposed improvements to be consistent with all applicable review criteria: 1) a minimum 5 -foot fence or wall shall be provided to enclose the pool area as per County building requirements; 2) a minimum 40% open space shall be provided in the front yard in accordance with the requirements of the Design Manual; 3) the driveway shall be constructed of paver blocks in accordance with the requirements of the Gulf Stream Design Manual; and 4) the existing hedge along Old School Road shall be maintained to screen views of the garage from the street. Roll Call: Comm. Orthwein; AYE, Comm. Armour; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. The next two items are being heard out of the order of the agenda as was agreed to earlier. 6. Rustem Kupi and Mark Vigneault of Kupi & Vigneault Architects as Agents for Scott and Lisa Morgan, contract purchasers of the property located at 570 Wright Way, Gulf Stream, Florida, that is legally described as Lot 11, Block 3, Polo Fields #1 Subdivision. Mr. Kupi presented a site plan and color rendering of the proposed two -story home with a total Floor Area Ratio, under the sliding scale, that is 320 square feet less than the maximum permissible. He pointed out that the style is Bermuda with white cement tile roof, exposed rafter tails, corner quoins, casement windows with muntins and louvered shutters. He noted that the second story portion of the home is in the center of the structure with first story wings on each side which tends to reduce the impact of a two - story structure in a neighborhood of mostly one story dwellings. He further pointed out that the lot is also larger than most in the area to better accomodate a two -story structure. With regard to the landscaping, Mr. Kupi stated that the only existing vegetation that will be removed is that which is located within the building pad and they plan to relocate as much of it as possible on the remainder of the property. He pointed out that the garage doors will be screened from the road by the dense hedge that is existing at the property line. Town Manager harrington presented his staff analysis of the project and pointed out that although two -story homes are discouraged in the Core zoning district, potential negative impacts are mitigated by the use of one -story wings and the location of the two -story portion near the center of the lot as had been stated before by Mr. Kupi. He added that the lot is nearly twice as large as the surrounding lots, which helps to maintain a proper proportion between the mass of the home and the lot, and between the home and surrounding homes. Mr. Harrington recommended approval of the Land Clearing Permit, based on the finding that the proposed vegetative relocations /removals and the addition of fill are consistent with applicable Land Clearing permitting criteria. He further recommended approval of the Level 3 Architectural /Site Plan Review in that the project is consistent with all applicable standards, including those contained in the Gulf Stream Design Manual, with the conditions that: Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 8 1) a minimum 5 foot fence or wall shall be provided to enclose the pool area as per County building requirements; and 2) The driveway material shall conform to the requirements of the Design Manual. a. LAND CLEARING PERMIT -To permit removal and relocation of existing plant material that falls within the proposed building footprint. There being no comment from the public, Commissioner Armour moved that the Land Clearing Permit be granted based on a finding that the plans and documents submitted by the applicant, as proposed, meet all applicable permitting criteria. The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE, b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a two -story single family dwelling and accessory structures at the above location. There was no comment from the public and Commissioner Armour moved and Com- missioner Orthwein seconded that the structures and site plan be approved based on the plans and documents submitted by the applicant and a finding that the following conditions are necessary for the proposed improvements to be consistent with the applicable review criteria; 1) A minimum 5 foot fence or wall shall be provided to enclose the pool area as per County building requirements. 2) The driveway material shall conform to the requirements of the Design Manual. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. IX. Items for Commission Action. A. Request for a Construction Trailer -Ocean Breezes, Ltd. Town Manager Harrington explained that Mark Pulte of Ocean Breezes, Ltd. has requested permission to place one construction trailer on the property line between Lots 10 and 11, Block 3, Polo Fields Subdivision #1 that would consist of 750 square feet. He advised that the Construction Site Manage- ment Handbook provides that one trailer consisting of a maximum of 500 square feet may be placed at a construction site upon approval by the Town Commis- sion. He suggested that permitting the 750 square foot trailer would be less than two, 500 square foot trailers. The Commissioners agreed. Upon being asked at what point the trailer would be removed, Mr. Pulte advised that it would be removed upon issuance of the Certificate of Occupancy of the first house. Commissioner Armour moved and Commissioner True seconded that the request for the construction be granted as requested provided it shall be removed at the issuance of the Certificate of Occupancy for the first house. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mayor Koch returned to the order of the agenda at this point. VII.A. 5. Ronald Miller as Agent for Ramon V. Nicholl, owner of the property located at 544 Banyan Road, Gulf Stream, Florida 33483, legally described as Lot 6, Polo Cove Subdivision. Referring to the site plan, Mr. Miller stated that the Nicholls proposed to do some renovations, which included: enclosing an outside stairway leading to the second floor over the garage; changing the driveway to loose Chattahoochee; removing part of an existing screen enclosure and add- ition of a Florida room; adding a small deck on the west side in lieu of an existing concrete stoop; and constructing a gazebo in the back. Mr. Miller added that he had been advised by Mr. Harrington that the proposed wall did not meet the Code so that will be lowered to 5 feet to conform. Regular Meeting- Public Hearing Town Commission -July 19, 1996 page 9 Mr. Harrington reviewed his report and noted that there were a number of items to be reviewed. These include: the gazebo, enclosing the stair, a dock, changing the driveway material, the deck, the Florida room,and the wall. Each of these items, according to Mr. Harrington, required approval of Level 3 Architectural /Site Plan Review. In addition, he continued, the deck required approval of a Special Exception as the west side of the deck was to match the existing west wall of the house which encroached Cinto the west side setback. r Regarding the Spacial Exception for the side setback for the deck, Mr. Harrington stated that he found the request met all applicable criteria and recommended approval with the condition that lighting for the deck be wall- mounted in an effort to keep lights from shining onto the adjacent property to the west. Regarding the Architectural /Site Plan Review, Mr. Harrington said he found the gazebo, stair enclosure, dock, and driveway material to meet all applicable criteria and he recommended approval with no conditions. The deck, Mr. Harrington continues, also meets the Architectural /Site Plan Review criteria and he recommended approval with the condition that the lighting be wall- mounted. He further stated he found the Florida room addition to be minimally consistent with the standards in the Design Manual. a. SPECIAL EXCEPTION -TO permit the addition of a sun deck that will extend a non - conforming wall line of the existing structure. Mayor Koch asked for comments from the public and there were none. Commis- sioner Orthwein moved and Commissioner Armour seconded that a Special Exception be granted for the deck to match an existing non - conforming wall and thereby reduce the minimum west side setback of the deck by 4.67 feet from 15 to 10.33 feet based on a finding that the building and site plans submitted by the applicant meet all applicable specific and general Special Exception standards, with the condition that all lighting for the deck shall be wall- mounted provided, however, that security lighting independent of the deck may be used along the west side of the house. Roll Call: Commissioner Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True, AYE, and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit enclosing an existing stairway, enclosing an existing screened area to increase living area, construction of a gazebo and a landscape wall. Hearing no comment from the public, Commissioner Orthwein moved and Commis- sioner Armour seconded for the approval of Level 3 Architectural /Site Plan Review for the gazebo, stairway enclosure, driveway surface change, dock, deck, florida room, and wall that is reduced to 5 feet based on the plans and documents submitted by the applicant and a finding that the following conditions are necessary for the proposed improvements to be consistent with all applicable review criteria: 1) lighting for the deck shall be wall- mounted provided, however, that security lighting independent of the deck may be used along the west side of the house; and 2) the wall not only be 5 foot or less in height but also comply with all other design requirements of the Design Manual. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 10 Item VII.A.6. was considered earlier on the agenda. 7. Bill Free, General Partner of Wyndsor Building & Design, as Agent for Harold Pontius, owner of the property at 1315 N. Ocean Blvd., Gulf Stream, Florida 33483 that is legally described as Part of Lot 5 and Part of Lot 6, Revised Plat of Blocks D & E, Palm Beach Shores Acres Subdivision. Cj Mr. Free stated that after construction was underway on the new home, the owner made a number of changes in the design, most of which were interior. However, he stated that the master bath was enlarged by about 70 square feet while at the same time the covered patio on the northeast corner was enlarged by 141 square feet, resulting in a total of 150 square feet being added to the structure over what was approved. The net result is the two additions exceed the maximum permitted floor area by 69 square feet. Mr. Free further stated that the owner had also requested that he be permit- ted to remove the muntins from the doors and windows on the back of the structure in order to provide a better view of the ocean. Mr. Free went on to advise that the ARPB had not looked favorably on this request and as a result, the owner was asking to withdraw the request. Town Manager Harrington, in reviewing his report, advised that on a routine site inspection he discovered a set of revised plans were being used for the construction of the dwelling that had neither been reviewed by him or the Palm Beach County Building Department. The revisions had been made after the project had been approved by the Town Commission, he said. Mr. Harrington reported that either the addition to the master bathroom or the addition to the patio would have been permissible without a Special Exception but taken together, the two additions exceed the maximum permitted floor area by 69 square feet as stated by Mr. Free. He further reported that in order to allow work on the home to continue, he had permitted the change to the bathroom but not the enlargement of the patio area. As a result, the applicant applied for a Special Exception under Article IV, Section E.2., which permits up to 300 square feet of roof projections to be excluded from the floor area calculation. Mr. Harrington pointed out that the home includes other covered, unenclosed areas, 557 square feet on the ground floor and 96 square feet on the second floor. Based on the information submitted by the applicant, he stated that the staff finds the extension of the covered patio to be consistent with the standards found in Article IV. Section E.2. of the Design Manual with the condition that prior to the issuance of a Certificate of Occupancy, the owner record a deed restriction which prohibits the future enclosure of any covered patio areas or the addition of any more floor area to the i property. Mr. Free stated that Mr. Pontius felt it would be unfair to add the deed restriction as recommended by Mr. Harrington that would run with the property forever. He advised that an attorney for Mr. Pontius had spoken with Attorney Randolph regarding this. Attorney Randolph reported that an attorney had contacted him but they were objecting to any deed restriction regarding future enclosing of any covered, unenclosed areas. After receiving no support for this position, they then requested that the restriction apply only until such time as it was released by the Town. Mr. Randolph said this was not un- common but it should read "that no covered, unenclosed areas shall be enclosed unless and until the restriction is removed by the Town Commission at that time." Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 11 a. SPECIAL EXCEPTION -To permit the addition of a covered patio to the dwelling under construction that will exceed the maximum permitted floor area by 69 square ft. There being no comment from the public, Commissioner Orthwein moved that the Special Exception request be granted to permit the covered patio areas to exceed the maximum permitted floor area by 69 square feet, based on the plans and documents submitted by the applicant and a finding that the fol- Clowing condition is necessary for the proposed improvements to meet all ) applicable specific and general Special Exception review standards: 1) Prior to the issuance of a Certificate of Occupancy, the applicant shall record a deed restriction that prohibits the future enclosure of any covered patio area or the addition of any more floor area on the property unless and until the restriction is removed by the Town Commission at that time, with said restriction to be prepared by the applicant and subsequently reviewed and approved by the Town Attorney. Commissioner Armour seconded the motion but stated that he did not condone the actions of the builder and the owner in moving ahead with changes without first coming to the Town for a review of the revisions. He made it a matter of record that this action of approving the revisions after the fact is in no way to be considered setting a precedent. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mr. Free apologized and stated the owner does not understand the process and the problems that are created by going to the architect and making changes without the contractor knowing it. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW AMENDMENT -To increase the total square footage of the dwelling under construction that was previously approved and to permit the removal of the muntin bars on the doors and windows on the rear of the building at the location stated herein. Mayor Koch directed that this be considered in two separate motions, with the first to be in regard to the increase in total square footage of the building and the second regarding the muntins. Commissioner Orthwein moved for approval of a Level 3 Architectural /Site Plan review for the enlargement of the covered patio based on the building and site plans submitted by the applicant and finding that the following condition is necessary for the proposed improvements to meet all applicable review standards: 1) Prior to the issuance of a Certificate of Occupancy, the applicant shall record a deed restriction that prohibits the future enclosure of any covered patio area or the addition of any more floor area on the property unless and until the restriction is removed by the Town Commission at that time, with said restriction to be prepared by the applicant and subsequently reviewed and approved by the Town Attorney. Commissioner Cross seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner Orthwein then moved to approve the applicantis request to withdraw the application to permit the removal of the muntins from the doors and windows on the east side of the building with prejudice. Commis- sioner Cross seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 12 VIII. Reports. A. Town Manager 1. Bi- monthly water consumption Town Manager Harrington presented the report and pointed out that the year to date figure for water consumption for 1995 -1996 is approximately the same as the previous year. The report reflected a 20.56% decrease from the base year which was seven years previous. CB. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Future meeting dates a. No meeting in August b. September 25, 1996 at 8:30 A.M. C. October 30, 1996 at 8:30 A.M. These announcements were made by Mayor Koch. D. Finance Director 1. Financial Report for June, 1996 Mr. Thrasher, Finance Director, noted that a $30,000 transfer had been made from invested funds into operating funds and that this is normal for this time of year. This leaves a balance of $416,608.91 in invested funds. He further reported that $16,388 had been received in property taxes and $78,730 from water sales. Operating fund revenues are $13,697 greater than budgeted with expenditures being $18,527 less than budgeted, resulting in a positive variance of $32,2247 Mr. Thrasher said. Revenues for the water fund exceeded the budgeted amount by $10,110 while the expenditures were $1,375 greater than the budgeted amount, resulting in a positive variance of $8,735. Commissioner Armour moved that the Financial Report be approved and the motion was seconded by Commissioner Cross. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. E. Police Chief 1. Activity for June, 1996 Chief Schultz presented the analysis of police activity for June and reported that Deputy Chief Ward attended the Governor's Hurricane Conference in Tampa, he had attended a hurricane workshop at the Delray Beach City Hall with staff,and Town employees attended a hurricanepreparation meeting and pension workshop in the Town Hall. F. Construction in progress in June, 1996 The report reflected $5,003,488 worth of construction in progress in Town during June, 1996. r IX. Items for Commission Action. A. Request for a Construction Trailer -Ocean Breezes, Ltd. This item was considered earlier in the meeting. B. Resolutions 1. No. 96 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, IN SUPPORT OF S. 1811 AND H.R. 3551, TITLED "THE SHORE PROTECTION ACT OF 1996 "; URGING THE BILLS' QUICK PASSAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Armour moved for the adoption of Resolution No. 96 -7 and Commissioner Orthwein seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 13 2. No. 96 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A PRO -RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS FOR THE CITY OF DELRAY BEACH. Commissioner Armour moved and Commissioner True seconded that Resolution No. 96 -8 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. GMayor Koch declared a 10 min. recess at this point. C. BUDGET PRESENTATION (1996 -1997) 1. Budget consideration Town Manager Harrington began by stating that he felt a decision should be made with regard to the amount that should be maintained in the reserve funds. He reminded that over the past several years, funds have been taken from the reserve in order to balance the budget, and to use for certain capital projects. In so doing, he said, the projected 9/30/96 Unreserved Fund Balance is estimated to be $126,494. He believed this balance should be maintained at a minimum of $275,000. Realizing this could not be accomplished in one year, he recommended that $50,000 be budgeted this year toward the goal of $275,000 within three years. Mr. Harrington advised that he had arrived at the $275,000 by projecting two and one half months of 1996 -97 expenditures. He stated that two and one half months is approximately the period that minimal revenues are received. He further pointed to the need to have a reserve in the event of some type of catastrophe. Mr. Harrington believed that there are three issues regarding reserve funds; 1) Does the Town need a reserve ?; 2) If so, how much should be maintained in the reserve ?; 3) If a reserve, greater than what is currently available is to be established how will it be funded? Commissioner Orthwein expressed a desire to maintain a reserve of at least what is recommended by the Town Manager by budgeting over two or three years to achieve that goal. Mayor Koch believed an eventual goal of $250,000 would be sufficient with $30,000 to be budgeted this year. He pointed out that the General Obligation Bond would be paid off this year and the following year the funds that would have gone to pay for the bond could be applied to the reserve. Commissioner Cross felt there should be a reserve fund and believed the recommendation of the Town Manager to be reasonable at this time. Commissioner Armour favored having a reserve fund and stated he would be comfortable with . $1,000,000 as an ultimate goal for the reserve. Commissioner True agreed there should be a reserve fund and felt the recommendation of the Town Manager was sound. Mr. Harrington then turned to a review of the proposed budget. He advised that most of the items are nearly the same as in previous budgets, and added that the contractual services increase according to the C.P.I. which is 2.9% this year. With regard to the salaries and benefits, Mr. Harrington noted that the increases average about 38 as they have in the past. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 14 In addressing the revenue section, Mr. Harrington pointed out that there is very little opportunity for growth in that the Town, for the most part, is built -out and has been for some time. He called attention to the seven -year budget analysis that had been distributed which showed the tax base has only grown by 1.20% average over the seven years while the C.P.I. has increased by approximately 4%. If growth does not keep up with inflation that impacts the expenditures, the only source of revenue is through an ad valorem tax increase. There is no transfer from the reserve. Cr Mr. Harrington noted that the Reserve for Contingency account has been increased from $30,000 to $50,000 and the budget for streets has been increased by $20,000 to cover a portion of the drainage project that is proposed in conjunction with the Little Club. The $50,000 'Contingency is intended to add to the reserve fund. Turning to the matter of the tax millage, Mr. Harrington stated that a tax increase is inevitable this year as he had warned of last year. He stated that the proposed millage for 1996 -97 operating fund is 3.7830 mills, which is a 16.29% increase. He went on to advise that the debt service millage for this year will be 0.5194 mills, a decrease of 28.6 %. When considering these together the net tax increase would be 7.98 %, a total tax millage of 4.3024 as compared to 3.9843 in 1995 -96. The rolled back rate of millage for this year is established at 3.2531 mills. Mr. Harrington closed his presentation by pointing out that a home that is valued at $500,000 would pay $150.00 more tax in this proposed budget than was paid in 1995 -1996. Mayor Koch stated that he is certain that there can be reductions in some areas when additional information is received over the next two months. Mr. Harrington replied that he too felt there would be some revisions, the largest of which could possibly be in the insurance premiums. He advised that he and Mr. Thrasher have met with several insurance agents with regard to the property, liability, and health insurance and are waiting for some final quotes from the agents before completing an analysis. He reminded that millage rates can be decreased during the budget hearings in September, 1996 but they cannot be increased over what is adopted as the proposed millage at this meeting. He urged that any changes in the budget be made in September. Commissioner True, reminding that he will be unable to attend the September 4, 1996 meeting, believed that the staff has better insight in what is needed and felt that he should give his constituants the information that the Town has more expenses than revenues. He believed the Town must maintain fiscal integrity and keep a surplus. He urged that the Commission not keep i- fighting a tax increase and take the staff recommendation for now. Commissioner Orthwein also favored taking the staff recommendation and maintaining the level of service currently in place. There were no comments from the public. 2. Proposed Millage Rate for 1996 -1997 Commissioner Armour moved and Commissioner True seconded that the proposed millage rate for the operating fund for the fiscal year 1996 -1997 be established at 3.7830 mills and the debt service millage be established at .5194 mills. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting - Public Hearing Town Commission -July 19, 1996 page 15 3. Certification of Rolled Back Rate Commissioner Orthwein moved and Commissioner Armour seconded that the rolled back rate be certified at 3.2531 for 1996. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 4. Date of 1st Public-Hearing toward-budget adoption Commissioner Armour moved and Commissioner Cross seconded that the date of the 1st Public Hearing be established on September 4, 1996 at 5:01 P.M. provided the County Commissioners do not change their tentative date, at which time the staff is authorized to select a different date that will fit the schedules of the Town Commissioners. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm..Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE 5. Date of 2nd Public Hearing for budget adoption Commissioner Armour moved and Commissioner Cross seconded that the date of the 2nd Public Hearing be September 20, 1996 at 5:01 P.M. provided the County Commissioners do not change their tentative date, in which instance, the staff is authorized to select a different date that will fit the schedules of the Town Commissioners. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. D. Items by Mayor and Commissioners There were no items from the Mayor and Town Commissioners. X. Correspondence. A. Resolutions opposing recommendations in the President's 1996 budget request which would remove federal participation in water resources projects, including beach renourishment projects which are not "nationally significant ". 1. #95 -96; City of Boca Raton 2. #686; Town of Highland Beach B. Resolutions adopting the position of the Palm Beach County Municipal League, Inc. with regard to the School Concurrency Issue. 1. #96 -07; City of Atlantis 2. #2189; City of Belle Glade 3. #113 -96; City of Boca Raton 4. #96 -6; Town of Briny Breezes 5. #96 -4; Town of Glen Ridge 6. #687; Town of Highland Beach 7. #96 -221; Town of Hypoluxo 8. #61 -96; City of Lake Worth 9. #R- 16 -96; Town of Lantana 10. #382 -96; Town of Mangonia Park 11. #45 -96; Village of North Palm Beach 12. #84, 1996; City of Palm Beach Gardens 13. #472; Town of Palm Beach Shores 14. #96 -31; Village of Palm Springs C. Resolution No. 96 -25 congratulating Carol A. Roberts, District 2, Board of Palm Beach County Commissioners, who has been elected President of the Florida League of Counties Association. All of the above resolutions were made a part of the official record. Regular Meeting- Public Hearing Town Commission -July 19, 1996 page 16 XI. Public. There was no comment from the public. ' XII. Adjournment. C Mayor Koch adjourned the meeting at 11:50 A.M. on a motion to do so made by Commissioner Orthwein and seconded by Commissioner Cross with all voting in the affirmative. /2t� / 5 e! � 11 ✓ Rita L. Taylor, To *n Clerk FORM 8B MEMORANDUM OF VOTING CONFLICT c=C:R COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I t91 I IIRV ♦AlII MIDDII \NMI N4MI Ill IR).ARD.WUNCII..COMMISSION. A I'111OR111. OR t t)sIAl 11111 KOCH, WILLIAM F., JR. \I 411 IM. I If RONRD. I 'OUN('11..('OMMISSIO. %.AUIHORIl t OR (Oki M I III I().% "If It'll I SI'RVF Is A IINI'1 OF. 545 Golfview Drive ❑A (11% ❑ COUMY ❑ OIHER I.00Al. AGFN('t It COUN11 ]AkIP Oh IYII ITICA1. sl1NUIVISION. Gulf Stream Florida 33483 kit 0% Milil'll%011 OCCI' RRFI) Town of Gulf Stream Alt' 1'osillo%Is: July 19, 1996 (SC EI.E('rIVE ❑ API'OlClnr WHO MUST FILE FORM BE This form; n Gtr use by am person ,chin_ at the count), city, or othc! local le\el of grnernment on an a; pointed o: cicned hoard. council. commission, authority, or committee. It applies equally to members ol'adt'ison and non - advisor} bodies a ho arc presented %%fill a votine conflict of interest under Section 112.3143, Florida Statutes. )our responsibilities under the last when faced with a measure in which you have a conflict of interest \till van greatly depending on whether >ou hold an elective or appointive position. For this reason, please pay close attention to the instruciion> 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 MUST ABSTAIN from Noting on a mca,ure which inures to his special private gain. Each local officer also is prohibited from knowingly toting on a measure tthich inures to the special gain of a principal (other than a amernmem agency) by whom 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 the measure or, which >ou are abstaining from toting. 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. —'IIPPOI \'TED OFFICERS: "` person holding appointive county, municipal, or other local public office MUST ABSTAIN from \oting on a measure tthich inures to his special private gain. Each local officer also is prohibited from knowingly toting on a measure tthich inures to the special gain of a principal (other than a government agency) by Mhom he is retained. A 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 am' attempt to influence the decision by oral or \vritten communic:uion, t\hether 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: • 1bu 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 cop> of the form should be provided immediately to the other members of the agency. • Ti.. form chnulrl he rear( mthliriv at the meetinn ..r .6. T.....:_ .._.. -- _ .- _ r :_.____. 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 19, 1996 19 , (a) A measure came or will come before my agency which (check one) uutred to nth special private gain; or affilia _ xinured to the special gain of Knch Rpa 1 +y wi tlIiy whom I am xaatned. (b) The measure before my agency and the nature of my interest in the measure is as follows: An application submitted by Carl W. Smith for development approval of Lot 1, Wm. H. Evans Subdivision in. Gulf Stream, F1. was heard at the Public Hearing held by the Town Commission/ Board of Adjustment on July 19, 1996. I declared a conflict in this matter since the firm with which I am affiliated participated in the sale of the property to Mr. Smith. Date Filed 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.