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
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