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HomeMy Public PortalAbout08/11/2006August 4, 2006 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 11, 2006 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 of the Regular Meeting of July 14, 2006. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 2. September 8, 2006 @ 4 P.M. 3. September 8, 2006 @ 5:01 P.M. (Budget) 4. September 20, 2006 @ 5:01 P.M. (Budget Adoption) 5. October 13, 2006 @ 9 A.M. 6. November 17, 2006 @ 9 A.M. 7. December 8, 2006 @ 9 A.M. 8. January 12, 2007 @ 9 A.M. 9. February 9, 2007 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval O 1. An application submitted by Malcolm and Julie Murphy, the owners of property located at 815 Tangerine Way, Gulf Stream, Florida, which is legally described as Lot 14, Place Au Soleil Subdivision. a. SPECIAL EXCEPTION to permit the extension of an existing nonconforming wall that encroaches 4.8' into the required 15 foot west side building setback to construct a single car garage and connecting hallway to existing dwelling. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a single car garage and hallway connection to existing dwelling, and to install a gated driveway from the garage to connect to Tangerine Way. 2. An application submitted by William Wietsma as agent and contract purchaser for Marilyn & Ames Gardner, owners of the property located at 3232 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 14 in Polo Cove Subdivision. a. LAND CLEARING REVIEW to permit clearing the area of construction. b. SPECIAL EXCEPTION to permit unenclosed covered porches that exceed the permitted FAR by 290.4 square feet. 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 AGENDA CONTINUED Page 2 c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a partial two story classical Anglo Caribbean style single - family dwelling, consisting of 7,532.7 square feet, three -car garage and swimming pool. J VIII. Reports. A. Town Manager 1. Hurricane -Heavy Equipment Rental Update B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 9 -28 -06 @ 8:30 A.M. b. Regular Meeting & Public Hearing 10 -26 -06 @ 8:30 A.M. c. Regular Meeting & Public Hearing 11 -30 -06 @ 8:30 A.M. d. Regular Meeting & Public Hearing 12 -28 -06 @ 8:30 A.M. e. Regular Meeting & Public Hearing 1 -25 -07 @ 8:30 A.M. f. Regular Meeting & Public Hearing 2 -22 -07 @ 8:30 A.M. 2. Recommendations to address tree replacement C. Finance Director 1. Financial Report for July 2006 2. Water Usage as of 7 -31 -06 D. Police Chief 1. Activity for July 2006 IX. Items for Commission Action. A. Ordinance No. 06/01; AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE TOWN OF GULF STREAM AND PROVIDING FOR AN EFFECTIVE DATE. (Adoption) B. Ordinance No. 06/03; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 18, EMERGENCY SYSTEMS, TO CREATE A NEW ARTICLE III TO BE KNOWN AS THE POST DISASTER DEBRIS RECOVERY ORDINANCE RELATING TO DISASTER DEBRIS COLLECTION AND REMOVAL; PROVIDING FOR DECLARATION OF FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTATION AND AUTHORITY FOR THE TOWN TO CLEAR PUBLIC RIGHTS -OF -WAY AND PRIVATGE ROADS IN THE TOWN OF DEBRIS SO AS TO PROTECT THE COMMUNITY AT LARGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (18t reading) C. 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 PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Friday, September 8, 2006, at 4:00 P.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. 006/03; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 18, EMERGENCY SYSTEMS, TO CREATE A NEW ARTICLE III TO BE KNOWN AS THE POST DISASTER DEBRIS RECOVERY ORDINANCE RELATING TO DISASTER DEBRIS COLLECTION AND REMOVAL; PROVIDING FOR DECLARATION OF FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTATION AND AUTHORITY FOR THE TOWN TO CLEAR PUBLIC RIGHTS -OF -WAY AND PRIVATE ROADS IN THE TOWN OF DEBRIS SO AS TO PROTECT THE COMMUNITY AT LARGE; 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 on weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 A.M. and 4:00 P.M. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in,this meeting, because of disability or impairment, should contact the Town Clerk, 561 - 276 -5116 at least five (5) days prior to the hearing in order for the Town to reasonably accommodate the request. 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: August 28, 2006 TOWN OF GULF STREAM, FLORIDA re � I ��L Rita L. Taylor, Town Clerk THE PALM BEACH POST 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 Marc Kramer, who on oath says that he is Inside 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 Notic in the matter of Ordinance 006/03 was published in said newspaper in the issues of August 28. 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. Sworn to and subscribed before 28ih day of August A.D. 2006 D 1 Personally known XX or Produced Identification Type of Identification Produced NOTARY PUBLIC -STATE OF FLORIDA Kristen J. Maxfield Commission # DD528685 Expires: MAR. 14, 2010 Bonded Thor Atlantic Bonding Co., Inc. �a;W ,IX MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 11, 2006 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. A.M. Mayor Koch called the meeting to order at 9:00 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 Arrived @ 9:05 A.M.Fred B. Devitt III Muriel J. Anderson Via Telephone Chris D. Wheeler Also Present and William Thrasher Participating: Garrett Ward Rita Taylor Malcolm Murphy William Wietsma Tony Newbolt Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Police Chief Town Clerk Resident Contract Buyer & Agent FP &L IV. Minutes of the Regular Meeting of July 14, 2006. Commissioner Anderson moved and Commissioner Orthwein seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were none requested. VI. Announcements. A. Regular Meetings and Public Hearings 2. September 8, 2006 @ 4 P.M. 3. September 8, 2006 @ 5:01 P.M. (Budget) 4. September 20, 2006 @ 5:01 P.M. (Budget Adoption) 5. October 13, 2006 @ 9 A.M. 6. November 17, 2006 @ 9 A.M. 7. December 8, 2006 @ 9 A.M. 8. January 12, 2007 @ 9 A.M. 9. February 9, 2007 @ 9 A.M. Mayor Koch announced these dates. Town Clerk Taylor asked if there were any exparte communications to declare. Mayor Koch disclosed that his firm sold the property to Mr. Wiettma, and he would not be voting on the auDlication. The Town Clerk asked that all persons who intended to speak please stand to take the Oath. Town Clerk Taylor administered the Oath to Mr. Murphy and Mr. Wietsma. Regular Meeting & Public Hearing Town Commission Page - 2 - August 11, 2006 VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Malcolm and Julie Murphy, the owners of property located at 815 Tangerine Way, Gulf Stream, Florida, which is legally described as Lot 14, Place Au Soleil Subdivision. Mr. Murphy explained that the proposed improvements include the �1 construction of a single car garage and hallway connecting to the existing dwelling. Commissioner Anderson asked if the gate would be used for security purposes. Mr. Murphy explained that his pool is in the front of the property and the gate would be used as a safety function. Town Manager Thrasher advised that the ARPB unanimously recommended approval of the application with the condition that the shed be removed prior to issuance of building permit. a. SPECIAL EXCEPTION to permit the extension of an existing nonconforming wall that encroaches 4.8' into the required 15 foot west side building setback to construct a single car garage and connecting hallway to existing dwelling. Commissioner Anderson moved and Commissioner Orthwein seconded to approve a Special Exception to allow the extension of an existing non- conforming wall that encroaches 4.8 feet into the required 15 -foot west side building setback to construct a single car garage and connecting hallway to the existing dwelling, based on a finding that the proposed Special Exception meets the minimum intent of the Design Manual and applicable review standards with the condition that all utility service lines be placed underground. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a single car garage and hallway connection to existing dwelling, and to install a gated driveway from the garage to connect to Tangerine Way. Commissioner Orthwein moved and Commissioner Anderson seconded to approve a Level III Architectural /Site Plan Review, based on a finding C1 that the proposed single car garage and hallway connection to the existing dwelling and the installation of a gated driveway from the garage to connect to Tangerine Way meets the minimum intent of the Design Manual and applicable review standards, with the condition that the shed on the property be removed prior to issuance of building permit. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. Mayor Koch passed the gavel to Vice Mayor Orthwein. Regular Meeting & Public Hearing Town Commission Page - 3 - August 11, 2006 2. An application submitted by William Wietsma as agent and contract purchaser for Marilyn & Ames Gardner, owners of the property located at 3232 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 14 in Polo Cove Subdivision. Mr. Wietsma displayed color renderings of the proposed improvement and explained that the improvements include clearing the building site and CJ constructing a partial two story classical Anglo Caribbean style single - family dwelling. He pointed out the building footprint is limited and requested a special exception for the unenclosed covered porches which exceed the permitted FAR by 290.4 square feet. Vice Mayor Orthwein questioned the special exception. Mr. Wietsma explained that he is trying to create more covered outdoor space, which would remain forever unenclosed. He added that the house has a smaller footprint than the existing home, which allows for more outdoor space. Mr. Wietsma explained that the house complies with the requirements of the code and further explained that there are three discouraged elements, all regarding higher eave lines in order to lower the second story over the garage and still keep one eave line. But, he believes this and the open porches add to the character of the house. a. LAND CLEARING REVIEW to permit clearing the area of construction. Commissioner Devitt moved and Commissioner Anderson seconded to approve Land Clearing as shown on the plan. Roll Call: Vice Mayor Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, and Comm. Wheeler. b. SPECIAL EXCEPTION to permit unenclosed covered porches that exceed the permitted FAR by 290.4 square feet. Commissioner Devitt moved and Commissioner Anderson seconded to approve a Special Exception to permit unenclosed covered porches that exceed the permitted FAR by 290.4 square feet, with the condition that prior to the issuance of a Certificate of Occupancy, a deed restriction be recorded providing that all roof projection areas shall remain unenclosed so long as the structure exists. Roll Call: Vice Mayor Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, and Comm. Wheeler; AYE. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a partial two story classical Anglo Caribbean style single - family dwelling, consisting of 7,532.7 square feet, three -car garage and swimming pool. Commissioner Devitt moved and Commissioner Anderson seconded to approve the Level III Architectural /Site Plan Review, based on a finding that the proposed partial two story classical Anglo Caribbean style single - family dwelling, consisting of 7,532.7 square feet, three -car garage and swimming pool, meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) Chain link fence, if utilized, shall be screened on the outside. 2) Gulf Regular Meeting & Public Hearing Town Commission Page - 4 - August 11, 2006 Stream Removal Agreements (Auto Court over drainage easement, Auto Court attaching to roadway, Auto Court around two catch basins, 4 feet aluminum rail fence over drainage easement, brick driveway attaching to roadway) and Driveway permit to be signed prior to issuance of a building permit. 3) Roof tile shall be white and not painted white. 4) Revised landscape, if changed, shall be submitted to the ARPB for approval prior to CO. 5) Wood dock shall not exceed 5 feet in width. Roll Call: Vice Mayor Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, and Comm. Wheeler; AYE. Vice Mayor Orthwein passed the gavel back to Mayor Koch. VIII. Reports. A. Town Manager 1. Hurricane -Heavy Equipment Rental Update The Town Manager reported that he has attempted to make arrangements with rental companies for heavy equipment rental prior to a hurricane event but he has been unsuccessful. However, he has contacted a vendor who is a subcontractor for debris removal contractor. This vendor is willing to provide heavy equipment within 48 hours after the town's request, on the condition that that he has to opportunity to bid on the town's debris removal contract in the future. This vendor would be providing a contract for equipment rental to the town for approval. Town Manager Thrasher reported that there are no new updates on the waterline, burying of the conduits or the FDOT litigation. B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 9 -28 -06 @ 8:30 A.M. b. Regular Meeting & Public Hearing 10 -26 -06 @ 8:30 A.M. c. Regular Meeting & Public Hearing 11 -30 -06 @ 8:30 A.M. d. Regular Meeting & Public Hearing 12 -28 -06 @ 8:30 A.M. e. Regular Meeting & Public Hearing 1 -25 -07 @ 8:30 A.M. f. Regular Meeting & Public Hearing 2 -22 -07 @ 8:30 A.M. Mayor Koch announced these dates. 1. Recommendations to address tree replacement The Town Manager reminded that currently there is no policy in place for mandatory tree replacement. There were discussions in the ARPB meeting with the help of Attorney Randolph, and they made four recommendations. It was suggested that a deed restriction could be imposed on all landscape plans submitted with new construction as has been done on a limited basis in the past, remind residents that those properties that had landscape approval, at the time of development, had an obligation to maintain the landscaping according to the plan, add an amortization clause in the Code stating that if a tree is destroyed, it must be re- placed within six months or an appeal thru correspondence from the Civic Association and /or the Mayor to the citizens to maintain the character of the town with lush landscaping. Regular Meeting & Public Hearing Town Commission Page - 5 - August 11, 2006 Town Clerk Taylor reminded that landscape plans were not a requirement of approval until the utilization of the Design Manual, and there are a lot of homes in town that do not have adequate landscaping. The Commissioners were not in favor of imposing deed restrictions and believed a softer approach would be more effective. They suggested Oadding a comment in the town's newsletter and the Place Au Soleil newsletter reminding residents to maintain lush landscaping or ask the Civic association for help. C. Finance Director 1. Financial Report for July 2006 Mr. Thrasher asked that the report be accepted as submitted, if there were no questions. Commissioner Anderson questioned the expenditures for streets. Mr. Thrasher explained that the expenditures for streets include maintenance salary, maintaining the roadway, paving and road signs. Mayor Koch commented about the high water costs and asked about the system repair and maintenance expense. The Town Manager remarked that it is a challenge maintaining the chlorine residual on the barrier island. He added that he is working with the City of Delray Beach to change the chlorine equipment system to maintain a higher chlorine level on the island system. The system repair and maintenance is monthly inspection and maintenance of the valves to prevent breakage. The Town Manager added that the proposed budget includes a recommendation for an increase in water rates, to anticipate loan repayment for installing the new water main and equalize the budget. Commissioner Orthwein 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. 1. Water Usage as of 7 -31 -06 This item was made a part of the official record. D. Police Chief 1. Activity for July 2006 Chief Ward asked that the report be accepted as submitted, if there were no questions. He added that Officer Ferguson was able to detain a purse snatcher in Delray Beach until the Delray police were able to apprehend him. IX. Items for Commission Action. A. Ordinance No. 06/01; AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE TOWN OF GULF STREAM AND PROVIDING FOR AN EFFECTIVE DATE. (Adoption) Regular Meeting & Public Hearing Page - 6 - Town Commission August 11, 2006 Town Clerk Taylor read Ordinance No. 06/01 by title. Commissioner Orthwein moved and Commissioner Anderson seconded to approve Ordinance No. 06101 on third and final reading. There were no comments from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. A. Ordinance No. 06/03; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 18, EMERGENCY SYSTEMS, TO CREATE A NEW ARTICLE III TO BE KNOWN AS THE POST DISASTER DEBRIS RECOVERY ORDINANCE RELATING TO DISASTER DEBRIS COLLECTION AND REMOVAL; PROVIDING FOR DECLARATION OF FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTATION AND AUTHORITY FOR THE TOWN TO CLEAR PUBLIC RIGHTS -OF -WAY AND PRIVATE ROADS IN THE TOWN OF DEBRIS SO AS TO PROTECT THE COMMUNITY AT LARGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1't reading) Town Clerk Taylor read Ordinance No. 06/03 by title. Town Manager Thrasher explained that FEMA would not reimburse the town for debris removal on private roads unless this ordinance is in place. However, this does not guarantee reimbursement. Commissioner Devitt asked if the residents on the private roads are jeopardizing their status of being private by having public funds maintaining the road. Town Clerk Taylor explained that Solid Waste Authority advised the towns that FEMA wanted an implementation and authority to clear private road of debris to protect the community at large. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve Ordinance No. 06/03 on first reading. There were no comments from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Items by Mayor and Commissioners. Commissioner Orthwein asked the status on the feral cat trapping. The Town Manager advised that there have been no reports of loose cats and the trapping is discontinued until September C) Commissioner Wheeler commented that the two year old personnel study that was provided to him is lacking in content. He requested discussing the employee review process and performance bonus at the next meeting. Commissioner Wheeler asked for backup data that the recommendation had been based on. Commissioner Anderson agreed that there was not enough data and there were no comparison to similars towns. X. Public. There were no comments from the public. Regular Meeting & Public Hearing Page - 7 - Town Commission August 11, 2006 XI. Adjournment. Mayor Koch adjourned the meeting at 10:10 A.M. � Yvoi e E. Eckert, CMC Depu y Town Clerk FORM 811 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE KOCH, WILLIAM F. JR. Town of Gulf Stream Commission MAILING .ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: 100 Sea Road X CITY . COUNTY OTHER LOCAL AGENCY Gulf Stream Palm Beach Town of Gulf Stream X ELECTIVE APPOINTIVE WHO MUST FILE FORM i! 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 under 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 froth knowingly voting on a measure which inures to the special 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 made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • 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. l • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1 1l,M \t .N mop 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 William F. Koch, Jr. , hereby disclose that on August' 11, 2006 19_ — (a) A measure came or will come before my agency which (check one) inured to my special private gain; or with associated. x inured to the special gain of Knrh Real f 3r , itycwhom I am Yom. (b) The measure before my agency and the nature of my interest in the measure is as follows: An' application submitted by William Wietsma to permit demolition of existing structures and construct a new structure /s came before the Town Commission. The sale of this property was handled by Koch Realty. Date Filed 8-11 -06 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),'A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED MCONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND,IOR A CIVIL PENALTY NOT TO EXCEED 55,000. .E FORM on - mm PAGI