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HomeMy Public PortalAbout04/14/1998April 9, 1998 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch REGULAR MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, APRIL 14, 1998 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting of March 13, 1998 B. Certification of Election Returns Meeting of March 13, 1998 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. May 15, 1998, Friday at 9:00 A.M. 2. June 12, Friday at 8:30 A.M. 3. July 21, 1998, Tuesday at 9:00 A.M. 4. August 14, 1998, Friday at 9:00 A.M. VII. Reports. A. Town Manager 1. Delray Beach Water Contract B. Town Attorney C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 4 -22 -98 at 8:30 A.M. b. Regular Meeting & Public Hearing 5 -27 -98 at 8:30 A.M. c. Regular Meeting & Public Hearing 6 -24 -98 at 8:30 A.M. d. Regular Meeting & Public.Hearing 7 -22 -98 at 8:30 A.M. D. Finance Director 1. Financial Report for March 1998 2. Bi- monthly Water Consumption E. Police Chief 1. Activity for March 1998 F. Construction in progress as of March 31, 1998 AGENDA CONTINUED VIII. Items for Commission Action. A. Ordinances 1. 98/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 42 OF THE TOWN CODE OF ORDINANCES RELATING TO BUILDING AND BUILDING REGULATIONS, ARTICLE II, SECTION 42 -26, ADOPTING THE PALM BEACH COUNTY MINIMUM HOUSING CODE, AND SECTION 42 -27, CHANGING THE NATURE OF BUILDING PERMIT FEE COL- LECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (2nd reading & adoption) 2. 98/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 30 RELATING TO TRAFFIC AND VEHICLES BY INCLUDING A NEW SECTION 30 -2 PROVIDING THAT THE MAXIMUM SPEED ON CERTAIN RESIDENTIAL STREETS WITHIN THE TOWN SHALL BE TWENTY MILES PER HOUR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (2nd reading & adoption) 3. 98/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, BY INCLUDING THEREIN A NEW ARTICLE III TO BE ENTITLED BOARDS AND COM- MISSIONS; BY CREATING A NEW DIVISION 1 ENTITLED CODE ENFORCEMENT; PROVIDING FOR A SPECIAL MASTER SYSTEM OF CODE ENFORCEMENT; PROVIDING FOR CODE ENFORCEMENT PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st reading) a. Discussion of Special Master Appointment B. Options for participation in developing a Local Mitigation Strategy C. Communications Contract with City of Delray Beach D. Off -duty Detail Policy E. Request to extend effective period of Site Plan Approval for Daniel Sargeant, File #97 -3 -John Immer, Agent n F. Items by Mayor and Commissioners. IX. Correspondence. A. Resolutions 1. No. 98 -06 requesting the P.B. County School Board withhold the decision to divest the responsibility for post secondary education and vocational training programs to the P. B. Community College until a written plan has been developed and distributed to all municipalities and political jurisdictions within P.B. County- Atlantis 2. No. 2248 supporting and endorsing the retention of the elected State office of Commissioner of Agriculture as it presently exists -City of Belle Glade 3. No. 17 -98 supporting permanent and consistent funding for Regional Planning Councils in the State of F1. -Palm Beach X. Public. XI. 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. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, APRIL 14, 1998 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. The Pledge of Allegiance was led by Mayor Koch. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner Also Present and Kristin K. Garrison Town Manager Participating: Rita Taylor Town Clerk William Thrasher Finance Director Robert Schultz Police Chief IV. Minutes. A. Regular Meeting of March 13, 1998 Commissioner Lynch moved and Commissioner Hopkins seconded that the minutes be approved as circulated and all voted AYE. B. Certification of Election Returns Meeting of March 13, 1998 Commissioner Hopkins moved that the minutes be approved as circulated and Commissioner Orthwein seconded the motion with all voting in the affirmative. Ri The Town Clerk asked to add two items under correspondence as follows: IX.A.4., Resolution #16 -98 from North Palm Beach requesting legislative funding for Regional Planning Councils and IX.A.5., Resolution #28, 1998 from Palm Beach Gardens opposing the proposal of the Constitutional Revision Commission relating to Sovereign Immunity. There were no objections to these additions. VI. A. Regular Meetings and Public Hearings 1. May 15, 1998, Friday at 9:00 A.M. 2. June 12, Friday at 8:30 A.M. 3. July 21, 1998, Tuesday at 9:00 A.M. 4. August 14, 1998, Friday at 9:00 A.M. Regular Meeting -Town Commission April 14, 1998 page 2 Mayor Koch announced these meeting dates. VII. Rep, orts. A. Town Manager 1. Delray Beach Water Contract Town Manager Garrison reported that the City of Boynton Beach had advised that they have the capacity to furnish water to the Town of Gulf Stream. She advised that she was about to contact Boynton Beach in regard to negotiating a rate structure when she had a conversation with the City Manager of Delray Beach regarding further discussion of the current contract extension. Mrs. Garrison reminded that Delray Beach was interested in switching from the current residential rate structure with a log surcharge to a commercial rate schedule with a 25% surcharge which would have resulted in an estimated $9,000 savings the first year. Despite the immediate savings, she had been concerned about long term impacts of future rate increases relative to the existing contract, and had expressed these concerns to Delray. The Town Manager was pleased to report that Mr. Harden had made an excellent suggestion; that a clause be added to the proposed contract that would assure that in no instance would the future increases amount to more that what the residential rate plus a lot surcharge would be. She then asked if that would be acceptable to the Commission to which they replied that it would be acceptable. The Manager indicated that she did not plan any further pursuit of the Boynton option, unless some provision in the contract was unacceptable to the Commissioners. Mayor Koch reminded that this would have to be approved by the Delray Beach City Council and he had been in contact with some of them. Town Manager Garrison then reported that the Florida Department of Transportation is in the process of issuing the permit for the AlA Landscaping Project. She advised that this has moved more rapidly than expected and she felt it is most likely due to the landscape architect working so closely with DOT during the design stage of the project. A proposed design of the entry markers that will be a part of the AIA Project was distributed by the Town Manager who explained that this was discussed at the meeting of the Civic Association, at which time consideration was given to funding the markers. She advised that the Civic Association has requested that the Commission offer comment as to the acceptability of the design and material that is proposed. Members of the Commission were pleased with the design and use of Coquina but felt that the inscription should read Town of Gulf Stream, Est. 1925. The Commissioners and Town Manager expressed their appreciation to the Civic Association for the funding consideration. Regular Meeting -Town Commission April 14, 1998 page 3 Town Manager Garrison reported that she had attended the Planning Conference the previous week at which Scott Harrington was also present. She advised that Mr. Harrington sent his regards and apologized for not staying in touch more frequently. Closing her report, Mrs. Garrison called attention to a notice from the I City of Delray Beach advising of improvements that are being proposed for the Swap Shop on Federal Highway. She asked if any of the Commissioners have concerns regarding this project and if there is any investigation that they would like for her to do. All believed this would be an improvement but asked that Mrs. Garrison review the plans and documents connected with this proposed project and report back with any information of interest. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 4 -22 -98 at 8:30 A.M. b. Regular Meeting & Public Hearing 5 -27 -98 at 8:30 A.M. c. Regular Meeting & Public Hearing 6 -24 -98 at 8:30 A.M. d. Regular Meeting & Public Hearing 7 -22 -98 at 8:30 A.M. The above dates were noted. D. Finance Director 1. Financial Report for March 1998 Finance Director William Thrasher advised that everything is on target and that the Town is actually in a little better position than what is reflected in the report due to there having been several one time a year expenditures made in the early part of the fiscal year. He stated that this holds true with both the Operating Fund and the Water Fund. Several questions were asked and answered relative to details of the report. Commissioner Orthwein and Commissioner Hopkins were in favor of investigating the placing of the overhead electric wires underground. Mayor Koch stated this is extremely costly, adding that there has been some discussion of there being some federal funding for this purpose on barrier islands as a part of storm mitigation programs. He advised that he would try to find out more about the status of this. The Town Manager was directed by the Commission to contact Florida Power & Light for cost estimates. Commissioner Orthwein stated that she was aware that this could not be accomplished all at one time but she felt that it might be extended over several years. Mayor Koch stated that if this were to be undertaken, there should be a referendum to decide the matter. Regular Meeting -Town Commission April 14, 1996 page 4 Commissioner Lynch moved to approve the Financial Report for March 1998 as circulated and Commissioner Hopkins seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. Bi- monthly Water Consumption Commissioner Lynch observed that the reduction in water consumption for the last period was one of the best experienced with the reduction being 24.27% from the base year of 1988 -1989. E. Police Chief 1. Activity for March 1998 Chief Robert Schultz presented the Department's activity report for March 1998, adding that Det. Sindone had attended the Palm Beach Sheriff's Office criminal intelligence meeting in West Palm Beach, and he had hosted Captain (Ret.) Rudy Koenig of the International Police Museum in Austria during his visit to Florida, attended the Place Au Soleil Homeowners Association meeting, and spoken to police academy recruits at the Palm Beach Community College. He further reported that the entire department had firearms training at the Delray Beach PBA range at which all officers qualified with automatic pistols and shotguns. F. Construction in progress as of March 31, 1998 The report revealed there to be $1,683,980 worth of construction in progress in March 1998. VIII. Items for Commission Action, A. Ordinances 1. 98/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 42 OF THE TOWN CODE OF ORDINANCES RELATING TO BUILDING AND BUILDING REGULATIONS, ARTICLE II, SECTION 42 -26, ADOPTING THE PALM BEACH COUNTY MINIMUM HOUSING CODE, AND SECTION 42 -27, CHANGING THE NATURE OF BUILDING PERMIT FEE COL- LECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (2nd reading & adoption) Ordinance 98/1 was read by title by the Town Clerk. There was no comment from the public and Commissioner Lynch moved for the adoption of Ordinance 98/1 with Commissioner Devitt seconding the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. 98/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 30 RELATING TO TRAFFIC AND VEHICLES BY INCLUDING A NEW SECTION 30 -2 PROVIDING THAT THE MAXIMUM SPEED ON CERTAIN RESIDENTIAL STREETS WITHIN THE TOWN SHALL BE TWENTY MILES PER HOUR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL Regular Meeting -Town Commission April 14, 1998 page 5 OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (2nd reading & adoption) Town Clerk Taylor read Ordinance 98/2 by title. Commissioner Lynch asked Chief Schultz if he felt that any of the dead -end streets in Place Au Soleil should be included in the 20 MPH speed restriction. The Chief replied that he had not included those streets in the study as there had been no complaints regarding speeding and no accidents. He noted that there are different problems with the streets that are covered by this ordinance in that they are more narrow and there is a school in the area. The Chief reminded that the speed limit in Place Au Soleil is 25 MPH while on the streets covered in the ordinance the limit has been 30 MPH and will be reduced to 20 MPH with the adoption of this ordinance. He advised that the Department would continue to monitor the activity but at this time he did not feel any speed limit change would be necessary in Place Au Soleil. There being no comment from the public, Commissioner Lynch moved and Commissioner Hopkins seconded that Ordinance 98/2 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 3. 98/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, BY INCLUDING THEREIN A NEW ARTICLE III TO BE ENTITLED BOARDS AND COM- MISSIONS; BY CREATING A NEW DIVISION 1 ENTITLED CODE ENFORCEMENT; PROVIDING FOR A SPECIAL MASTER SYSTEM OF CODE ENFORCEMENT; PROVIDING FOR CODE ENFORCEMENT PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st reading) Town Clerk Taylor read Ordinance No. 98/3 by title. Commissioner Lynch moved and Commissioner Orthwein seconded the Ordinance No. 98/3 be passed on first reading. There being no public comments, Roll Call was as follows: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. a. Discussion of Special Master Appointment Town Manager Garrison called attention to the two resumes in the agenda packet for the position of Code Enforcement Special Master. She advised that in her research she only came across two presently operating in Palm Beach County, Randy Zeldin and the firm of Glen Torcivia. Mrs. Garrison reported that she had favorable reports from staff in towns in which these persons have functioned.The Manager expressed that while both are highly qualified, she would recommend Mr. Zeldin as he is currently holding the position in neighboring Ocean Ridge. Regular Meeting -Town Commission April 14, 1998 page 6 The members of the Commission indicated they would favor the recommendation of the Town Manager and asked that she call Mr. Zeldin prior to the next meeting at which time final action would be taken on the appointment. The Manager added that she had consulted with Attorney Randolph who had worked with Mr. Zeldin and felt he would be qualified for the position. B. Options for participation in developing a Local Mitigation Strategy The Town Manager explained that the Florida League of Cities and the Florida Association of Counties in partnership with the Florida Department of Community Affairs are encouraging cities and counties to participate in the development of a single, unified Local Mitigation Strategy for which funding is being provided. She advised that there are three options to be considered: 1) Do not participate at all. 2) Partner with the county and other cities. 3) Develop a Local Mitigation Strategy independently, or with adjacent cities only. Mrs. Garrison recommended that the Town of Gulf Stream partner with the county and other cities. She added that if there is no participation at all, disaster funding would be reduced and what funding would be granted would be delayed. Mayor Koch concurred with the Town Manager's recommendation. Commissioner Orthwein moved and Commissioner Lynch seconded that the Mayor be authorized to send a letter of intent to partner with the county and other cities in the development of a single, unified local mitigation strategy. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. C. Communications Contract with City of Delray Beach Town Manager Garrison advised that the communications agreement with the City of Delray Beach will expire September 30, 1998 and that a three year contract through September 2001 has been provided for consideration. She further advised that it is the same as the current contract except that it provides that the Town of Gulf Stream shall be responsible for maintenance of all radios or equipment purchased after the execution of the original agreement, and in the event Delray changes its communications system to an 800 megahertz system, Gulf Stream shall be required to furnish any and maintain all radios. Chief Schultz reminded that he had previously mentioned that he would be including the cost of 10 radios in his budget request for 1998 -1999. The Commissioners indicated the proposed agreement would be acceptable and directed that it be placed on the May 1998 agenda for action after Attorney Randolph has had an opportunity to review same. Regular Meeting -Town Commission April 14, 1998 page 7 D. Off -duty Detail Policy The Town Manager reminded that at the last meeting, staff was directed to ascertain how other municipalities address off -duty police details and how much the Town's Workers Compensation premiums might be impacted by a claim, or claims. She called attention to the chart in the agenda packet that lists the municipalities that handle off -duty details through the municipality, and their rates, and a letter from the Town's Worker's Compensation carrier that indicates there would be a very moderate impact on future premiums in the event of a claim due to the Town's excellent record. Commissioner Orthwein asked the Town Manager to explain her position on this matter. Mrs. Garrison stated that she and Chief Schultz have basically two objectives; not to jeopardize the ability to have off -duty details, which are good for the Town in that they provide additional police presence at no additional cost to the Town; and to insure that the officers are protected insurance -wise as it is the managers' responsibility to look out for the employees' well- being. She believed that from a management standpoint, off -duty details are better managed through the Town. Commissioner Devitt advised that the City of Delray had been sued for allegedly not giving all employees an equal opportunity to work the off - duty details. Commissioner Hopkins asked the Chief if there had been a problem in the past of having too few details to go around and the Chief said that it had not been a problem. Commissioner Orthwein expressed a concern that there could be more requests by clubs and residents than could be satisfied. She indicated that she would not be comfortable with the Town having to make a choice of which to respond to. Mayor Koch stated that he was opposed to the Town performing any services that are not considered as essential to the protection and well -being of the residents. Commissioner Hopkins felt that the management of off -duty details might be outside of a government function. He then mentioned that Attorney C Randolph, at the last meeting, seemed to be opposed to having a policy to cover this type of activity and asked for clarification. He was advised that the Attorney recommended that a written policy be established if the Town were to take over the management of the off -duty details, but that the Town has no policy regarding off -duty details and it should remain so if the Town does not choose to manage them. Chief Schultz pointed out that while the Commission has no policy on the matter at this time, the officers still must have his permission to wear their police uniform for the detail, thereby making the Town aware that Regular Meeting -Town Commission April 14, 1998 page B there are off -duty details. He pointed out that the department head must give the officers permission to work at any outside employment, even if such employment is strictly between the part time employer and the officer. Mayor Koch then called attention to a letter he had obtained from an C; insurance agency that had information as to how workers compensation benefits are computed. The Town Manager explained that the letter indicates that if an officer was covered by workers compensation from his part time employer and was injured during the part time employment, the claim would be filed with the part time employer's carrier and the benefits would be computed by averaging the salary earned from the full time job (the Town in this case) and the part time job. Mayor Koch observed that this puts to rest one of the concerns regarding protection of the officers, and stated that he believed that off -duty details should be left to be decided by the officer and the part time employer as it has been in the past. Commissioner Hopkins moved and Commissioner Lynch seconded that the Town not assume the management of off -duty details, and that they be addressed in the same manner as in the past. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. E. Request to extend effective period of Site Plan Approval for Daniel Sergeant, File #97 -3 -John Immer, Agent Mayor Koch declared a conflict in this matter as the firm with which he is associated participated in the sale of this property. He then passed the gavel to Vice Mayor Orthwein. With regard to this request, Town Manager Garrison pointed out that the Code has been amended since this approval was granted and, if this project were to be considered under the current code, the architectural style would be discouraged. She next pointed out that while one additional year may be granted, it must be found that development regulations applicable to the project have not been materially changed so as to render the project inconsistent with the regulations prevailing �. at the time the extension would expire. In closing, she advised that the applicant would still have time to file for a building permit prior to the expiration of the existing approval, thus making an extension of the site plan approval unnecessary. Commissioner Devitt moved to deny the request in that the criteria for granting an extension of a site plan approval as stated in the Gulf Stream Code has not been met. The motion was seconded by Commissioner Hopkins. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; Regular Meeting -Town Commission April 14, 1998 page 9 AYE, and Vice Mayor Orthwein; AYE. Vice Mayor Orthwein returned the gavel to Mayor Koch. F. Items by Mayor and Commissioners. Commissioner Lynch thanked Town Manager Garrison and Chief Schultz for their recent attendance at the evening meeting of the Place Au Soleil Homeowners Association. IX. A. Resolutions 1. No. 98 -06 requesting the P.B. County School Board withhold the decision to divest the responsibility for post secondary education and vocational training programs to the P. B. Community College until a written plan has been developed and distributed to all municipalities and political jurisdictions within P.B. County - Atlantis 2. No. 2248 supporting and endorsing the retention of the elected State office of Commissioner of Agriculture as it presently exists -City of Belle Glade 3. No. 17 -98 supporting permanent and consistent funding for Regional Planning Councils in the State of F1. -Palm Beach 4. No. 16 -98 supporting permanent and consistent funding for Regional Planning Councils in the State of F1. -N. Palm Bch S. No. 28. 1998 opposing the proposal of the Constitutional Revision Committee regarding Sovereign Immunity- P.B.Garden These Resolutions were made a part of the official record. X. Public. There was no comment from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 10:18 A.M. following a motion to do so made by Commissioner Lynch which was seconded by Commissioner Orthwein with all voting in the affirmative. /p� Z' , i " Y, �j Rita L. Taylor, Tc# Clerk NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Friday, May 15, 1998, at 9:00 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: ORDINANCE NO. 98/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, BY INCLUDING THEREIN A NEW ARTICLE III TO BE ENTITLED BOARDS AND COMMISSIONS; BY CREATING A NEW DIVISION 1 ENTITLED CODE ENFORCEMENT; PROVIDING FOR A SPECIAL MASTER SYSTEM OF CODE ENFORCEMENT; PROVIDING CODE ENFORCEMENT PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The proposed ordinance noticed here is available to the public at the Town Hall, 100 Sea Road, Gulf Stream, Florida. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Publish: Palm Beach Post Date: May 4, 1998 IN TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, own Clerk r_ °z�go zaF- VVp O L W O ava+i a $O� 0�( O� �a FL 1 ° 0 7 Ik rok c �ro m 6 a C a m d 5. ,L 0 5 0 d y _ a' R d D- a m y �J a 0 E e m a T� a y 5 w O 5 s tz 3 0' o m•° °° 5 TJ °55o•S O• n y O `C w . o w O � .w+ s °•gm c c. w o m s o 5:B ° N - y =; ^ " Er...ys m b o• � ,o w m H w to cr CL rrr? w af0 'v w ro � p•R�� o Oo 3 5 ,P' n o = g a ro = f1 �, m •p a a � 0"50 [G m w y ro y 0 5' tz m m JC 0 a f° m r O ? S ro , ra `J N N tz C1 C w C � m a d. F 5• '< o O y 0a o 't yro r, a n x b y� d l'� O Oil ter" m rr- a a gcn n '�7 O a yd C, FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ♦AAtI (11'110ARu.('011N(II.. CI) 1U M ISSIo%. A I 11108 1 11. OR( ON AIII III 1 \�I \ \111 IiR�I �� \. \II A1111o1 l �AAti KOCH, WILLIAM F., JR. Town (:oltaaa_ssa.on Ili I HO A RD. ('01 Ill' OR('(IAi Ml I I I I (1\ %11101 1 SI'RVF IS A UNI'1 OF 545 Golfview Drive (k (Irr o COUN1Y ❑ OIIIER I.00AI AGr('1 CI CMIXII NAau- 01t M)l ni('At. SURUIVIS10% Gulf Stream Florida 33483 Town of Gulf Stream 11 (t\ N III( 11 %01I o(( I RRI'II M\' POSO IOC is: IRELECTIVE ❑ APP01C1n7 4 -14- WHO MUST FILE FORM 8B Thl. iorm 1, .or Inc by an> person ser\inc at the coulu>. ciI >. or 011ie: 10cal Icvel of gmentmcni on an a; pJllllr: (" ;iC.teu ho.m:. council. c0m III ssion. aulhorin, or committee. It applie equally to members of advisor and norrad\kor ;. bodice \\i..` arc prescrited \\ith a Noting conflict 01 interest under Section 112.3143, Florida Statutes. )'our responsibilities under the la\\ when faced with a measure in "hick you have a conflict of interest \\ill can crctitl.� depcn(iing i On whether \kill hold an clective or appointive position. For this reason, please pay close attention to the instruction- on this iorm before xmp!ctin the roerse side and ftlinc the form. i INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holiin_c elcci\e count \. municipal. or other local public office MUST ABSTAIN from Noting \ \n a mca u:_ \\ hi:h inure, to his special private gain. Each local officer also is prohibited from knowingly voting on a measure \\ hch inure ro the special sain of a pr:ncipal lothcr than a government agency) by \\hom he is retained. In either case you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN b >' publicly stating to the assembly the nature of your Interest in ;he measurr on \\high \ou are abstainin_ from Noting: and WITHIN 1: DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person respomible for recording the minutes of the meeting. who should incorporate the form in the minutes. ,LPPOI \'TED OFFICERS: person holding appointive coun4t municipal, or other local public office MUST ABSTAIN from \oiing On :1 measure \\high Mures to his special private Bain. Each local officer also is prohibited from knowingly voting on a measure \ \high inures to the special Pain of a principal (other than a government agency) b% \\hom he is retained. A person h0!ding an appointive local office otherwise may participate in a matter in which he has a conflict of mtcrest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or \\rince conunun ; :;, :ion, \\ nether made b\ the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING :NIT WHICH THE VOTE WILL BE TAKEN: • lbu should complete and file this form (befora making any attempt to influence the decision) \vith 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. • 71,a fnrm should be read publicly at the meeting prior to consideration of the matter in which you ha\c a conftin of Interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • VOL] 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 4 -14 -98 . 19 (a) A measure came or will come before my agency which (check one) utured to m> special private gain: or inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: A request for an extension of a site plan approval for the development of Lot 12, McLouth Subdivision made by Dan Sargeant came before the Town Commission on April 14, 1998. I am declaring.a conflict in that the real estate firm with which I am associated participated in the sale of the property to Mr. Sargeant. Date Filed vA LA:� 11 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 5500.