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HomeMy Public PortalAbout12/09/2005December 2, 2005 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Chris D. Wheeler Muriel J. Anderson REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 9, 2005 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting of November 4, 2005 B. Special Meeting of November 28, 2005 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 13, 2006 @ 9 A.M. 2. February 10, 2006 @ 9 A.M. 3. March 10, 2006 @ 9 A.M. 4. April 14, 2006 @ 9 A.M. 5. May 12, 2006 @ 9 A.M. G. June 9, 2006 @ 9 A.M. B. Mayor's Proclamation for Election March 14, 2006 VII. PUBLIC HEARING. A. Appeal of Administrative Decision J 1. An appeal of the decisions of the Town Manager that variances are needed and discouraged features are present in relation to a Development Application submitted by Dan Carter as Agent for Anthony Pugliese to permit construction of an entrance structure and other improvements in the North Ocean Blvd. Overlay District at 3145 N. Ocean Blvd., Gulf Stream, Florida. B. Applications for Development Approval 1. To consider amendments to an application (originally considered on June 10, 2005 and referred back to staff and the ARPB for review) submitted by Dan Carter of Carter & Associates Landscape Architects, Inc., agent for Anthony Pugliese III, owner of the property located at 3145 N. Ocean Blvd, Gulf Stream, Florida, legally described in metes and bounds in Government Lot 2, Section 3, Township 46 South, Range 43 East, for the following: a. VARIANCE 1. To permit construction of an entrance feature (including an arch, gates, wall columns and gas lanterns) which exceeds the maximum permitted (8 foot high) as provided in Section 70 -187 Paragraph 4 and Section 70 -187 Paragraph 5. of the Code of Ordinances. b. VARIANCE 2. To install fountain /statuary that encroaches 20' into the required 30' front accessory setback as provided in Section 70 -74 and also does not conform to the provisions of Section 70 -268 of the Code of Ordinances which prohibits statuary that is visible from the street. Page 2 C. NORTH OCEAN BLVD. OVERLAY PERMIT. To construct an entrance feature, gates, fountain /statuary and pagoda, and re- landscape the area. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW requesting approval for construction of an entrance feature, gates, fountain/ statuary, pagoda and approval of landscaping as proposed for the area. 2. An application submitted by James Brindell, Agent for Ralph J. MacDonald, owner of property located at 1410 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lots 1, lA and a portion of Lot 2 in McLouth Subdivision. a. VARIANCE to allow a generator that encroaches 18 ft. into the required 25 ft. north side yard setback, as provided in Section 70 -74 and in Section 70- 67(b)(4), to remain in the existing location. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the existing generator to remain in the present location. VIII. Reports. A. Town Manager 1. Transfer of Vacation /Personal Leave B. Architectural Review & Planning Board 1. Meeting Dates a. January 26, 2006 @ 8:30 A.M. b. February 23, 2006 @ 8:30 A.M. c. March 23, 2006 @ 8:30 A.M. d. April 27, 2006 @ 8:30 A.M. C. Finance Director 1. Financial Report for November 2005 2. Bi- monthly Water Usage D. Police Chief 1. Activity for November 2005 IX. Items for Commission Action. A. Appointments 1. Architectural Review & Planning Board a. 2 Regular Members b. 1 Alternate member B. Items by Mayor and Commissioners. 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 C� MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 9, 2005 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 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr Participating: Joan K. Orthwein Fred B. Devitt III Chris Wheeler Mert Anderson Also Present and Participating: IV. Minutes. William Thrasher John Randolph Garrett Ward Rita Taylor Anthony Pugliese Warren Adams Michael Weiner Dan Carter James Brindell Wes Blackman John Carleen Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Police Chief Town Clerk Resident Agent for Pugliese Agent for Pugliese Agent for Pugliese Agent for MacDonald Agent for MacDonald Urban design Studio A. Regular Meeting of November 4, 2005 B. Special Meeting of November 28, 2005 Commissioner Wheeler moved and Commissioner Devitt seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher requested to add Items IX.B.1., Amendment to Mathews Contracting -Scope of Work, IX.B.2., and Letter from Town of Palm Beach - Underground Electric, IX.C., Resolution 05- 08- Budget Adjustment - Water Fund and IX.D., FDOT Request to Work Late. There were no objections. G VI. Announcements. A. Regular Meetings and Public Hearings 1. January 13, 2006 @ 9 A.M. 2. February 10, 2006 @ 9 A.M. 3. March 10, 2006 @ 9 A.M. 4. April 14, 2006 @ 9 A.M. 5. May 12, 2006 Q 9 A.M. 6. June 9, 2006 @ 9 A.M. Mayor Koch announced these dates. A. Mayor's Proclamation for Election March 14, 2006 Town Clerk Taylor read the Proclamation for Election on March in its entirety. There were no objections. 14, 2006, Regular Meeting & Public Hearing Town Commission Page - 2 - December 9, 2005 Mayor Koch declared that he had a conflict of interest in that he has had real estate transactions with the applicant. He passed the gavel to Vice Mayor Orthwein. Vice Mayor Orthwein asked if there were any exparte communications to declare. OCommissioner Wheeler advised that given that he was Chair of the ARPB, he is familiar with the application but he has not seen the current changes. Commissioner Anderson advised that she was a member of the ARPB and she is familiar with the application. Commissioner Devitt and Vice Mayor Orthwein disclosed that they had seen the application at a previous meeting but have not seen the changes. Attorney Randolph advised Commissioners Wheeler and Anderson if they believed that they could not act impartially on the application, they should recuse themselves from the proceedings. Mr. Weiner distributed revised drawings to the Commission and stated that given that Commissioners Wheeler and Anderson have seen the application on the ARPB, it would be in his client's best interest for them to recuse themselves. Commissioner Wheeler stated that he has not seen the current changes and he felt he could act impartially. Commissioner Anderson chose to recuse herself from the proceedings. The Town Clerk asked that all persons who intended to speak please stand to take the Oath. The Clerk administered the Oath to Mr. Pugliese, Mr. Adams, Mr. Weiner, Mr. Carter, Mr. Brindell, Mr. Blackman and Mr. Carleen. VII. PUBLIC HEARING. A. Appeal of Administrative Decision 1. An appeal of the decisions of the Town Manager that variances are needed and discouraged features are present in relation to a Development Application submitted by Dan C; Carter as Agent for Anthony Pugliese to permit construction of an entrance structure and other improvements in the North Ocean Blvd. Overlay District at 3145 N. Ocean Blvd., Gulf Stream, Florida. Mr. Weiner explained that this is a Spanish Mediterranean Revival style house, which incorporates several different style elements. In complying with the Town's Code, his client has made several changes by lowering the entry feature to 17' it ", set it back 30' from the property line, reduced the height of the wall, including the caps to under 8 ft., removed the chains and faces and reduced the height of fountain by 3'61'. He added that all lightning would conform to code and he would work with Staff on the parabolic arch. Mr. Weiner stated that because this is a historic Regular Meeting & Public Hearing Town Commission Page - 3 - December 9, 2005 home, and the largest home along AlA in Gulf Stream, the entry feature is appropriate for the style of the house. He added that the entry feature is a minor accessory structure, the roof is removed, there is no floor and it has been separated from the front wall by 4 inches on each side. Mr. Weiner believes that because of the changes that were made, there is no need for the Variances. OMr. Adams was recognized along with his credentials. He explained that this is a Spanish Mediterranean Revival style home and it incorporates several different architectural elements. He believes, in his professional opinion, the proposed entry feature is appropriate for the size of the home and neither the entry feature nor the fountain would destroy or impair any visual relationship with structures, landscaping or views. Mr. Carter, landscape architect, explained that this is a very formal garden. The fountain has been reduced by 3'6" and would be screened by lush landscaping. He stated that the fountain is a part of the 20 percent required hardscape and it would not be visible from the street. Vice Mayor Orthwein asked if there were any comments. Town Manager Thrasher requested that Mr. Carleen present his professional opinion on hardscape as it relates to Gulf Stream. Mr. Carleen was recognized along with his credentials. He explained that fountains are not a part of the hardscape and pointed out that the entry feature /structure is not in scale, does not match the character of the community and is not harmonious with the district. He did not believe the variance criteria has been met. Commissioner Wheeler felt that not all eight criteria for a variance for the entry feature have been met. However, if the gate is separated from the entry feature /arch and setback, a variance would not be necessary. With regards to the fountain, it is in the setback and he felt a variance is required. Vice Mayor Orthwein commented that the entry feature is not consistent with the character of the town and noted several items of correspondence expressing opposition from town residents. Commissioner Devitt also felt the entry feature is not consistent with the character of the town. However with the modifications, he felt the application should move forward. Vice Mayor Orthwein and Commissioner Wheeler felt the revised plans should be reviewed by the ARPB. Town Manager Thrasher referred to Section 66 -321 and 66 -322 of the Code which relate to the North Ocean Boulevard Overlay District. He pointed out that everthing planted or constructed within the FDOT right -of -way Regular Meeting & Public Hearing Town Commission Page - 4 - December 9, 2005 and 50 ft. east and west of the right -of -way line requires a North Ocean Boulevard Overlay District review and permit. He did not believe that all the structures in this area are in keeping with the desired consistency being sought in this District. 10:40 A.M., Vice Mayor Orthwein called a recess. 10:50 A.M., Vice Mayor Orthwein resumed the meeting. Commissioner Wheeler moved and Commissioner Devitt seconded to repeal the Administrative decision on Variance 1 in that the changes as presented, have eliminated the need for a variance. Roll Call: Comm. Devitt; AYE, Comm. Wheeler; AYE and Vice Mayor Orthwein; AYE. Commissioner Wheeler moved and Commissioner Devitt seconded to uphold the Administrative decision regarding Variance 2 because the fountain is a structure and it is in the setback. Roll Call: Comm. Devitt; AYE, Comm. Wheeler; AYE and Vice Mayor Orthwein; AYE. Mr. Weiner requested to reserve the right to install a fountain in the future. A. Applications for Development Approval 1. To consider amendments to an application (originally considered on June 10, 2005 and referred back to staff and the ARPB for review) submitted by Dan Carter of Carter & Associates Landscape Architects, Inc., agent for Anthony Pugliese III, owner of the property located at 3145 N. Ocean Blvd, Gulf Stream, Florida, legally described in metes and bounds in Government Lot 2, Section 3, Township 46 South, Range 43 East, for the following: a. VARIANCE 1. To permit construction of an entrance feature (including an arch, gates, wall columns and gas lanterns) which exceeds the maximum permitted (8 foot high) as provided in Section 70 -187 Paragraph 4 and Section 70 -187 Paragraph 5. of the Code of Ordinances. It was determined in the administrative appeal that a Variance is not necessary due to changes having been made to the plan, which eliminated the need for a Variance. b. VARIANCE 2. To install fountain /statuary that 0 encroaches 20' into the required 30' front accessory setback as provided in Section 70 -74 and also does not conform to the provisions of Section 70 -268 of the Code of Ordinances which prohibits statuary that is visible from the street. Commissioner Wheeler moved and Commissioner Devitt seconded to deny Variance 2 in that all eight criteria for a variance have not been met. Roll Call: Comm. Devitt; AYE, Comm. Wheeler; AYE and Vice Mayor Orthwein; AYE. Regular Meeting & Public Hearing Page - 5 - Town Commission December 9, 2005 C. NORTH OCEAN BLVD. OVERLAY PERMIT. To construct an entrance feature, gates, fountain /statuary and pagoda, and re- landscape the area. Commissioner Wheeler moved and Commissioner Devitt seconded to table the application until the ARPB has the opportunity to review it. Roll Call: Comm. Devitt; AYE, Comm. Wheeler; AYE and Vice Mayor Orthwein; AYE. O d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW requesting approval for construction of an entrance feature, gates, fountain/ statuary, pagoda and approval of landscaping as proposed for the area. Commissioner Wheeler moved and Commissioner Devitt seconded to table the application until the ARPB has the opportunity to review it. Roll Call: Comm. Devitt; AYE, Comm. Wheeler; AYE and Vice Mayor Orthwein; AYE. Vice Mayor Orthwein passed the gavel back to Mayor Koch. 2. An application submitted by James Brindell, Agent for Ralph J. MacDonald, owner of property located at 1410 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lots 1, lA and a portion of Lot 2 in McLouth Subdivision. Mr. Brindell explained that the Variance request is to allow the generator to remain in the present location. He introduced Mr. Blackman. Mr. Blackman, distributed a timeline on the initial permit application and explained that Gulf Stream and the County have properly permitted the generator, and it has been inspected by the County. He pointed out that the generator is clouded and the location is shown on the drawings. He stated that there are no homes to the north, and given the size of the property and the location of the house, a buffer is provided for the house to the south. He believes that this is the best location for the generator and addressed all 8 criteria for a Variance. Town Manager Thrasher explained that the scope of work on the permit application was shown as interior remodeling with no mention of a generator installation. At the time of review, the generator was not considered. Mr. Blackman stated that the permit was issued for interior remodeling but the generator location was shown on the drawing. OCommissioner Wheeler asked if permission could be granted to leave the generator as is without applying for a variance. Mayor Koch commented that this is a private road and there are no residents to the north. There seems to be an oversight with the permitting on the town's part. Attorney Randolph advised that the applicant could withdraw the Variance application and file an appeal of the administrative decision. Or, if an appeal is to be filed, the Commission could defer action on the Regular Meeting & Public Hearing Town Commission Page - 6 - December 9, 2005 matter until the appeal is heard with action to follow in the same hearing. Mr. Brindell requested that the matter be deferred and stated he would file an administrative appeal. a. VARIANCE to allow a generator that encroaches 18 ft. Into the required 25 ft. north side yard setback, as provided in Section 70 -74 and in Section 70- 67(b)(4), Cj to remain in the existing location. Commissioner Wheeler moved and Commissioner Orthwein seconded to defer the application to the next regular meeting. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the existing generator to remain in the present location. Commissioner Wheeler moved and Commissioner Anderson seconded to defer the application to the next regular meeting. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. VIII. Reports. A. Town Manager The Town Manager announced that the Staff would be having their annual holiday party on December 9th and the town hall would be closed at 2:00 P.M. Mr. Thrasher reported that earlier this week he met with Senator Atwater's legislative aide and discussed the Special Bill that is being written for fire rescue dispatch service, which is scheduled to be heard December 13th by the legislative delegation. Additionally, he reminded her of the request for wastewater appropriations for the construction of a sewer system in the town. 1. Transfer of Vacation /Personal Leave Town Manager Thrasher explained that this transfer of vacation or personal time allows any employee that chooses to do so, donate some of their accrued vacation or personal time to any employee that has been out on sick leave for an extended period of time. He added that this would reduce the liability to the town and recommended that the Commission approve this type of transfer. Commissioner Anderson moved and Commissioner Wheeler seconded to approve the transfer of Vacation /Personal time. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Architectural Review & Planning Board 1. Meeting Dates a. January 26, 2006 @ 8:30 A.M. b. February 23, 2006 Q 8:30 A.M. c. March 23, 2006 @ 8:30 A.M. d. April 27, 2006 @ 8:30 A.M. Mayor Koch announced these dates. Regular Meeting & Public Hearing Town Commission Page - 7 - December 9, 2005 C. Finance Director 1. Financial Report for November 2005 Mr. Thrasher asked that the report be accepted as submitted, if there were no questions. Commissioner Wheeler requested that more information from prior years be Oadded to the report. There were no objections. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 2. Bi- monthly Water Usage This item was made a part of the official record. D. Police Chief 1. Activity for November 2005 Chief Ward asked that the report be accepted as submitted, if there were no questions. He added that the in car video systems have arrived and should be operable by the first of the year. The original agreement was that the Gulf Stream Civic association would pay for two of the units, but they offered to pay for all three of the units which saved the town $5000. The Chief reported that Officer Ferguson is recuperating from his open -heart surgery and should be returning to work within a month. He advised that there have been thefts in other private school parking lots and that he has added more police presence at the Gulf Stream school. IX. Items for Commission Action. A. Appointments 1. Architectural Review & Planning Board a. 2 Regular Members b. 1 Alternate member Mayor Koch suggested compiling a list of candidates with a decision to be made at the next regular meeting. A. Items by Mayor and Commissioners. 1. Amendment to Mathews Contracting -Scope of Work Town Manager Thrasher explained that Mathews Consulting has revised their scope of services and fees for conducting the water treatment plant feasibility study. The fee proposal is approximately $37,290. The study is divided in two phases and they are presently engaged to commence the work if the town approves Phase I, a subsequent Phase II Owould follow. Mayor Koch reported that he spoke with a representative of South Florida Water Management District and in the future, they want to connect all the municipalities with treated wastewater for irrigation. The District stated that they look with favor on desalinizing plants. 2. Letter from Town of Palm Beach - Underground Electric The Town Manager explained that the Town of Palm Beach is requesting local governments to band together to solicit the Florida Legislature to enact legislation to facilitate conversion of utility lines to under- ground service and regulate the amount of overhead expenses utility companies may pass on to the consumers. Regular Meeting & Public Hearing Town Commission Page - 8 - December 9, 2005 Mayor Koch commented that he is concerned that if the utility company has to repair underground lines, the residents would be responsible for the costs of the repairs. Commissioner Orthwein moved and Commissioner Wheeler seconded to approve soliciting help from Florida Legislature. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. A. Resolution 05 -08- Budget Adjustment -Water Fund Town Clerk Taylor read Resolution 05 -08 by title. Commissioner Orthwein moved and Commissioner Wheeler seconded to approve Resolution 05 -08. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Request from FDOT to work late Mr. Thrasher reported that FDOT is requesting to be permitted to work longer hours in town. He reported that FDOT had suggested that he make one more attempt to arrange a meeting with representatives from Delray Beach, Ocean Ridge, Briny Breezes, Gulf Stream and FDOT to discuss transfer of AIA to each municipality. He further reported that to date, Ocean Ridge has been reluctant to meet. Attorney Randolph advised that there is still no response from FDOT as to the town taking over jurisdiction of AlA in Gulf Stream. Commissioner Wheeler suggested that FDOT be given until December 16th to respond to the town's request. If no response is received, then further action should be taken. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve FDOT working late in town. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. X. Public. There were no comments from the public. XI. Adjournment. Mayor Koch adjourn the meeting at 12:05 P.M. Yvo e E. Eckert, CMC Depilcy Town Clerk FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAML — MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMITTE TOWN COMMISSION MAILIN(: ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITI 100 Sea Road CIIy COUNTY ' OTHER LOCAL AGENCY Gulf Stream DAVE ON wHICH Vol E ()C'C'URRED 12 -9 -05 Palm Beach NAML OF POLITICAL SUBDIVISION: Town of Gulf Stream Y WHO MUST FILE FORM aB X- ELECTIVE .: APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. 11 applies equally Eo members of advisory and non - advisory bodies who are presented with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN U DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited frorh knowingly voting on a measure which inures to the -ial gain of a principal (other than a government agency) by whom he is retained. 4 person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must fisclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether nade by the officer or at his direction. F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH FHE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. '-N \I +11 111 or 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 DPnPm _her 9 2009 , 19_ (a) A measure came or will come before my agency which (check one) inured to my special private gain; or x inured to the special gain of Koch Realty , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: An application for Development Approval submitted by Anthony Pugliese III, owner of the property at 3145 N. Ocean Blvd., came before the Town Commission., The firm with whom I am associated was involved in the sale of the property several years prior to this application. 12 -9 -05 Date Filed natur NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),'A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE 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. .E FORM IS 10.86 PAC FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS VT N1LIL _LIOCT N• V,_ ....... ..... ANDERSON, MURIEL J. MAILIM, WUMGpI 100 Sea Road CITY Gulf Stream DATE ON W'HIC'H VOIh (X'C'URRED 12 -9 -05 C Palm Beach E OF BOARD. COUNCIL, COMMISSION, AUTHORITY, oft COMMITTI Town Commission IHt BUARD, COUNCIL. COMMISSION. AUTHORITY, OR WHICH I SERVE IS A UNIT OF: XXIY COUNTY ' OTHER LOC'At AGENCY f Gulf Stream WHO MUST FILE FORM 88 X ELECTIVE .; APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non- advisory bodies who are presented with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the -ial gain of a principal (other than a government agency) by whom 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 any attempt to influence the decision by oral or written communication, whether Trade by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH rHE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest IM V .11 11, IC 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 I Muriel J. Anderson , hereby disclose that on December 9, 2005 19 —. (a) A measure came or will come before my agency which (check one) inured to my special private gain; or NA _ inured to the special gain of NA by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: I declared a conflict in this matter due to the fact I had reviewed this application before it had been amended while I was serving as a member of the Architectural Review and Planning Board. I believed that, even though this is not the identical plan, my decisionwould be influenced by my previous deliberations. Date Filed //0 I Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),-A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BX'ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. 'E FORM 16 . I0-16 PAC THE PALM BEACH POST Ce Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Tracey Diglio, who on oath says that she is Telephone Sales Supervisor of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising fora Notice in the matter of Appeal was published in said newspaper in the issues of December 29. 2005 & January S. 2006. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. . 62& Sworn to and subscribed before 9w day of Janus A.D. 2006 Personally known 20( or Produced Identification Type of Identification Produced Karen oD66 fo m lc i U9595 "�.�•' zFspltn: NOV. 15, 2U08 7'N M Bond`d am .,,or IV Adiadc Buading Co., lnc