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