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HomeMy Public PortalAbout10/10/1975COMMISSION MEETING OCTOBER 10, 1975 PRESENT: WILLIAM F. KOCH, JR. GEORGE W. WALKER JOAN S. LAPORTE JOHN K. WHITTEMORE LINDLEY S. BETTISON Also attending: Att'y John C. Barbara Gwynn, Cowart, Acting MAYOR VICE MAYOR COMMISSIONER COMMISSIONER COMMISSIONER Randolph, William E. Gwynn, Manager Deputy Town Clerk, Police Chief Roy Police Chief William McQuade. The Meeting was called to order at 9 A.M. by Mayor Koch. Upon motion by Mrs. LaPorte and seconded by Mr. Walker the Commission approved the Minutes of the Special Commission Meeting September 29, 1975. Financial Report for Month of September was submitted and accepted by the Commission. The following summarization of the Police Report for the month of September, 1975 was submitted to the Commission. TOTAL 7612 126 1002 87 12 Mayor Koch informed the Commission that he had received a letter from Col. Robert C. Owen, Director of the Palm Beach County Civil Defense suggesting that the Town purchase a VHF FM Z -meter radio system to be placed in the Town Hall for emergency purposes. The Deputy Town Clerk was advised to look into this matter and report to the Commission at the Next regular Commission Meeting. Resolution No. 75 -13 shown below was submitted to the Commission. RESOLUTION 75 -13 A RESOLUTION OF THE TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA, ESTABLISHING AND ADOPTING A COMPREHENSIVE MASTER PLAN FOR THE TOWN OF GULF STREAM; PROVIDING FOR AMENDMENTS TO THE COMPREHENSIVE MASTER PLAN IN ACCORDANCE WITH THE PROVISIONS OF SPECIAL LEGISLATION REQUIRING COMPREHENSIVE PLANNING BY LOCAL GOVERNMENTAL UNITS IN PALM BEACH COUNTY. Mileage Days Hours Calls Warnings Wm. McQuade 1128 23 190 20 1 Jerry Brown 1510 20 160 15 7 Ron Pabor 766 12 92 6 2 ( 1 week vacation) J. F. Brown 1540 22 176 19 2 Dave Burns 1315 22 176 12 0 Wm. Reardon 612 12 88 7 0 H. Simpson 941 15 120 8 0 TOTAL 7612 126 1002 87 12 Mayor Koch informed the Commission that he had received a letter from Col. Robert C. Owen, Director of the Palm Beach County Civil Defense suggesting that the Town purchase a VHF FM Z -meter radio system to be placed in the Town Hall for emergency purposes. The Deputy Town Clerk was advised to look into this matter and report to the Commission at the Next regular Commission Meeting. Resolution No. 75 -13 shown below was submitted to the Commission. RESOLUTION 75 -13 A RESOLUTION OF THE TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA, ESTABLISHING AND ADOPTING A COMPREHENSIVE MASTER PLAN FOR THE TOWN OF GULF STREAM; PROVIDING FOR AMENDMENTS TO THE COMPREHENSIVE MASTER PLAN IN ACCORDANCE WITH THE PROVISIONS OF SPECIAL LEGISLATION REQUIRING COMPREHENSIVE PLANNING BY LOCAL GOVERNMENTAL UNITS IN PALM BEACH COUNTY. COMMISSION MEETING October 10, 1975 Cont. Page 2. Mrs. LaPorte moved that Resolution 75 -13 be adopted, Mr. Walker seconded the motion. Motion passed unanimously. The following pay raises were presented to the Commission for approval. Sgt. McQuade $649.80 William Reardon 414.84 Jim Brown 445.80 Ron Pabor 396.60 H. Simpson it Jerry Brown it Dave Burns if Wm. Gwynn 3,000.00 Mr. Walker made a motion that the pay raises be approved as in the amended budget, Mr. Bettison seconded the motion, Motion passed unanimously. A Bicentennial Flag recently purchased by the Town was displayed to the Commission. Mayor Koch suggested to Gulf Stream School Headmaster Richard M. Garten who was present at the Meeting that the Town would like to work out some type of Bicentennial observance in conjunction with the Gulf Stream School. Headmaster Garten said he was delighted to do this and would report back later with some ideas on this subject. Mayor Koch also extended an invitation to the Gulf Stream School's Civics class to attend a Commission Meeting. Meeting adjourned 10:10 A.M. Deputy Town Clerk WEST PALM BEACH 737 -1204 DEERFIELD BEACH 4276244 �c�arn_i //��/ ( Lvrolet //�� (foinpah, 284 -314 SOUTH EAST SIXTH AVENUE - P. O. BOX 310 DELRAY BEACH 278 -3228 D E L R A Y BEACH, F L O R I D A 14 AUGUST 1975 City of Gulfstream Police Department Reference: Bid on two police cruisers Dear Sir, Enclosed please find our bid and proposal for tun 1976 police cruisers, equipped as described below. Because of the inavailahility of 1976 price information the enclosed bid is stated in this,manner. Price of each unit is based on 1975 prices and subject to what ever, if any price increase at 1976 announcement time. Expected price increase anproximatel- 5200.00 Per unit. T Model being bid: Chevrolet Malibu 4 door sedan Nodel 1AC29 U Equipped as follows: 350 Cu In V8 Engine H.D. Automatic transmission Police. package L Equipment including, H.D Power Braker (Disc front - -Drum Pear) 11.1). Colling system H.D. Suspension P.D.RPrings H.D. Shocks H.D. Front 8 Rear Stabilizer Bars H.P. Tnieels 61 Amp Alternator Police Calibrated Speedomoter Radio Suppressor Roof Equippment H.D Front & rear Seats Police approved Steel Belted Radial Tires Factory Air conditioning Pouer.Steering Tinted Glass (All Windows) Special instrumentation (Amp F Temp Guage) 1t.S.R.P. $5243.00 Each Less sleet Disc 363.11 Each Net cash price 4379.89 Each Less 74 BelAir 900.00 Each Net Difference 3479.89 Each This Bid is for 3479.:39 Plus 1976 Price increase (over 1975 Price) for each cruiser ordered. Delivery within 60 days from date order received. 3: 7009 Appraised value of 1974 Bel Air trade in good until time of delivery. "red Balser (Sales *1 gr) C-) 0 Uk A %D m N %D Ly N Do N. W pw V1 O a Vi .a Z H N . 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Judge Martin held court on October 23rd for 19 arrests, one DWI was postponed until the next court date November, 28th. Fines to the amount of $324.00 was levied. The Police Department also handled 3 traffic accidents, one in which a police car was involved and driven by Ptl. J. L. Brown. I investigated the accident with Officer Reardon and there was no evidence of carelessness on Officer Brown's part. The Police Department handled 2 first aids. October 22, 1975 Officer J. L. Brown and Delray Beach Police Officer Jack Moor gave a safety speech at the Gulf Stream School. William McQuade Acting Police Chief I AGREEMENT FOR FIRE- FIGHTING SERVICES OF THE DEPARTMENT OF PUBLIC SAFETY OF THE TOWN OF OCEAN RIDGE, FLORIDA THIS AGREEMENT, entered into this 1st day of October , 1975, between the TOWN OF OCEAN RIDGE, FLORIDA, a municipal corporation located in the State of Florida, hereinafter referred to as "OCEAN RIDGE ", and the TOWN OF GULF STREAM, FLORIDA, a municipal corp- oration located in the State of Florida, hereinafter referred to as "GULF WITNESSETH: WHEREAS, GULF STREAM is an incorporated area, located in the adj area to the TOWN OF OCEAN RIDGE, and does not have its own Fire Department; and WHEREAS, OCEAN RIDGE is willing to make available reasonable fire- fighting services for fire protection within the incorporated area of the TOWN OF GULF STREAM upon the payment of a fair and reasonable sum for said services; and WHEREAS, GULF STREAM desires to extend its current contract with OCEAN RIDGE for the reasonable fire protection services of the Department of Public Safety of the TOWN OF OCEAN RIDGE. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable considerations, the parties hereto agree as follows: SECTION I. FIRE FIGHTING SERVICES, PERSONNEL AND EQUIPMENT OCEAN RIDGE agrees to furnish such men, fire - fighting equipment, including fire trucks, as it may have available and not otherwise employed in fire - fighting activities to the TOWN OF GULF STREAM upon a call for such fire - fighting services by GULF STREAM to such site as GULF STREAM may designate within the incorporated limits of that municipality. i OCEAN RIDGE further agrees to operate such fire - fighting equipment and to deploy and to supervise fire - fighting personnel for the purposes of controlling and extinguishing all fires existing at the specific site. SECTION II. INSPECTION AND APPROVAL OF FIRE- FIGHTING SERVICES AND FACILITIES GULF STREAM acknowledges that it has inspected the OCEAN RIDGE fire - fighting equipment and has informed itself as to the number of personnel available, the amount and quality of fire - fighting equipment available, the scope and capabilities of fire- fighting facilities available,and does hereby approve and accept these services and facilities as being adequate and capable for fire - fighting purposes within the incorporated area of the TOWN OF GULF SM SECTION III. TERM OF CONTRACT AND AMOUNT AND METHOD OF PAYMENT FOR CONTRACTUAL SERVICES The parties hereto understand and agree that the term of this agreement shall be for a period of fifty -nine (59) months, commencing on November 1, 1975, and terminating on September 30, 1980. The amount and method of payment for fire - fighting services shall be computed according to a fair and equitable service formula previously approved and agreed to between the parties as follows: A. At the conclusion of the 1971 fiscal year of OCEAN RIDGE (said fiscal year ending on October 31, 1974), OCEAN RIDGE shall determine the total cost to it for the operation and maintenance of its Fire Department, said cost to include all salaries paid to its fire- fight- ing employees and costs and maintenance of its equipment, including depreciation. Upon the determination of said costs for the 1971 fiscal year, the sum of said costs shall be divided into the sum of $7,000.00 and a per- centage to be considered GULF STREAM'S share of the cost to OCEAN RIDGE for the operation of its Fire Department of the 1971 fiscal year and each succeeding year of this contract. B. At the conclusion of each succeeding fiscal year of OCEAN RIDGE (said fiscal year presently ending on each October 31st), OCEAN RIDGE shall determine the total cost to it for the operation and main- tenance of its Fire Department, said cost to be determined as provided in "A" above. C. Upon the determination each year of said costs as provided above, the sum of said costs shall be multiplied times the percentage determined at the conclusion of the 1971 fiscal year as provided in "A" above, and the product thereby derived shall be the amount of the standby charge -2- due from GULF STREAM for that fiscal year just ended; provided, however, that in no event shall the standby charge due from GULFSTREAM for any fiscal year be less than the sum of $7,000.00. Said sum shall be paid by GULF STREAM within thirty (30) days of receipt of written notice as provided for above by OCEAN RIDGE. SECTION IV. PUBLIC SAFETY RADIO FREQUENCY AND EQUIPMENT GULF STREAM hereby agrees to install and maintain in all ice and emergency vehicles of the Town, radio equipment capable receiving the Department of Public Safety freouency used by RIDGE, and GULFSTREAM further agrees to monitor said frequenc{ my -four (24) hours each day. The following schedule is hereby agreed upon by the arties as the timetable for installation of the public safety I 11radio equipment required herein. The required radio equipment shall be installed in the first police and /or emergency rescue vehicle that is manned and in patrol service, within thirty (30) days of the date of execu- of this agreement, in the second vehicle within thirty (30) of the beginning of the second twelve (12) month period of s agreement, and so on until all GULFSTREAM police and /or emergency rescue vehicles are equipped with the reauired radio pment with the capability of twenty -four (24) hour freouency toring. SECTION V. WATER SUPPLY MAINTENANCE GULF STREAM further agrees at all times to keep and its municipal water tank filled to a level in accordance ith approved standards of the Southeastern Underwriters' Associa SECTION VI. MAINTENANCE OF SOUTHERN STANDARD BUILDING CODE STANDARDS, GULF STREAM further agrees to maintain the Southern St Building Code, as amended, as the minimum standards for construc- tion in the Town during the entire term of this agreement. -3- SECTION VII. MUNICIPAL ORDINANCE ASSISTANCE GULF STREAM further agrees to adopt those ordinances Ias may be required to provide a legal basis and authority for and firefighting officials of OCEAN RIDGE, to carry out fire inspections, to employ fire - fighting techniques and s, and to fight and prevent fires in GULF STREAM as OCEAN Fire Department Officials shall deem necessary. SECTION VIII. EXCLUSIVE DIRECTION OF FIRE- FIGHTING SERVICES AND PERSONNEL The Director of the Department of Public Safety of OCEAN shall have full and complete authority over the operation Ilof the OCEAN RIDGE Department of Public Safety, fire- fighting sonnel, vehicles, and equipment. GULF STREAM officials and employees and citizens and residents shall not interfere with the direction, management and deployment of the OCEAN RIDGE Department of Public Safety, Director or personnel at any time during fire- fighting situations. All suggestions or complaints concerning service, shall be directed to the attention of the Director of Department of Public Safety of OCEAN RIDGE in writing for er administrative remedy and /or response as the case may be. SECTION IX. PROCEDURE IN THE EVENT OF SIMULTANEOUS ACCIDENTS, POLICE CALLS, FIRES, AND OTHER PUBLIC SAFETY PROBLEMS The parties hereto further understand and agree that a distinct possibility exists where the Department of Public Safety of the TOWN OF OCEAN RIDGE may receive simultaneous calls for sep ate accidents, fires, and other public safety problems. In the of a simultaneous occurrence of fire in either the TOWN OF RIDGE or the TOWN OF GULF STREAM or another municipality being served by the Department of Public Safety of OCEAN RIDGE, the judgment of the Director of Public Safety or his senior officer on duty at the time as to which call should receive first priority response shall be binding upon the parties hereto and shall control actions of both parties hereto. GULF STREAM further understands, acknowledges, and agrees t in the event the fire - fighting equipment and other Department Elm f Public Safety personnel have been deployed to fight a fire in incorporated area of the TOWN OF GULF STREAM and a fire breaks within the incorporated area of the TOWN OF OCEAN RIDGE, the of Public Safety or the senior officer on duty and in charge at the time, may remove the fire - fighting equipment and onnel from GULF STREAM and dispatch them to OCEAN RIDGE to Ilfight any fire or emergency that has occurred within the OCEAN incorporated area. SECTION X. INDEMNIFICATION BY THE TOWN OF GULF STREAM GULF STREAM further understands and agrees to indemnify N RIDGE, its agents, officials, and employees from and against claims, damages, losses, and expenses, including reasonable s' fees in case it shall be necessary to investigate and/ or defend a cause of action that may arise out of by OCEAN RIDGE of the work herein described, that are for bodily injury, illness, or death or for property damage including loss of use, and that are caused in whole or in part by OCEAN RIDGE'S negligent act (s) or omission (s), or that are caused by act (s) or omission (s), of its agents, officials, and employees. This indemnification and hold harmless covenant by GULFSTREAM for the benefit of OCEAN RIDGE, shall apply to all situations and resulting from OCEAN RIDGE'S furnishing or failing furnish fire- fighting equipment and personnel for fire- fighting es within the incorporated area of the TOWN OF GULFSTREAM. SECTION XI. REMEDY FOR BREACH OF CONTRACT The parties hereto further understand and agree that >ULF STREAM'S sole and exclusive remedy for breach of this agreement by OCEAN RIDGE, shall be the right to cancel this at the end of any contract year upon submission to OCEAN in writing,notice of GULF STREAM'S election to cancel this agreement at least six (6) month prior to the end of any twelve (12) month period which commenses on October 1st and terminates September 30th of the subsequent year. -5- II If a dispute arises as to whether or not OCEAN RIDGE has, in fact, breached this contractural agreement, each party shall an independent party to act as an arbitrator, and the two bitrators selected by the parties shall select a third arbitrator d the arbitrators by majority vote, shall decide whether OCEAN DGE has breached this agreement and shall also decide any other spute arising hereunder, and the parties hereby agree that they all be bound by the decision of the arbitrators. Said arbitrator shall act in accordance with the rules of the American Arbitration ssociation. In any event, the sole and exclusive remedy for ach of this contract, shall be the right of cancellation as ided for herein in lieu of any claims for damages or claims f rights for specific performance. If a dispute arises as to whether or not GULF STREAM has this contract, OCEAN RIDGE'S sole and exclusive remedy for breach of this contract by GULF STREAM shall be the right to cancel this agreement at the end of any contract year on six (6) notice. In the event of cancellation of this agreement by breach f either party, the parties hereto understand and agree that STREAM shall pay to OCEAN RIDGE, any and all unpaid monies based upon the payment schedule provided for herein up to and including the date of cancellation of this agreement. SECTION XII. MUTUAL AID PACT OBLIGATION OCEAN RIDGE further agrees to use its best efforts to in full force and effect, its mutual aid pacts with surround- ing communities during the full term of this agreement. SECTION XIII. QUALITY OF SERVICE OCEAN RIDGE agrees to use its best efforts to provide GULFSTREAM and other area communities being provided fire - fighting and public safety services by the TOWN OF OCEAN RIDGE, FLORIDA, th a high level of fire protection service. SECTION XIV. NOTICE TO PARTIES Any notices required or contemplated under this agreement, shall be sent to: Mayor William F. Koch, Jr. Mayor of Gulf Stream 246 Sea Road Delray Beach, Florida Mayor Thomas L. Volpe Mayor of Ocean Ridge 6450 North Ocean Boulevard Ocean Ridge, Florida, 33444 SECTION XV. WORDS OF GENDER, ETC. Wherever here in the context so requires, the use of the singular shall include the plural, the use of the masculine shall include the neuter, the use of representative shall include tee, receiver, executor, etc. SECTION XVI. INTEGRATION This instrument embodies the whole agreement of the there are no promises, terms, conditions or obligations other than those herein contained. This agreement shall supercede all ous communications, representations, advertisements, brochur als or agreements, either verbal or written between the ies hereto and not herein contained. SECTION XVII. SEVERABILITY In the event that any part, term, or provision of this agreement is by a court of competent jurisdiction found to be illegal, the validity of the remaining portions and provisions shall not be affected, and the rights and obligations of the ies shall be construed and enforced as if this agreement did contain the particular part, term, or provision held to be so -7- SECTION XVIII-COUNTERPARTS This agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one (1) and the same instrument. SECTION XIX. CAPTIONS Captions are included for convenience only and shall be given no legal effect whatsoever. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date opposite their names and have executed this agree- ment on SPn mher 30 , 1975. ATTEST: 11 Town C ATTEST: Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: rney TOWN OF OCEAN RIDGE, FLORIDA B 2!! Thomas L. Volpe, Mayor (CORPORATE SEAL) TOWN OF GULF STREAM, FLORIDA BY d) Willia F. Koch, Jr., Mayor (CORPORATE SEAL) M RESOLUTION NO. 75 -13 A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ESTABLISHING AND ADOPTING A COMPREHENSIVE MASTER PLAN FOR THE TOWN OF GULF STREAM; PROVIDING FOR AMENDMENTS TO THE COMPREHENSIVE MASTER PLAN IN ACCORDANCE WITH THE PROVISIONS OF SPECIAL LEGISLATION REQUIRING COMPREHENSIVE PLANNING BY LOCAL GOVERNMENTAL UNITS IN PALM BEACH COUNTY. WHEREAS, municipal governments within the State of Florida have powers of government as provided by general and special law; and WHEREAS, it is and will be expedient for good government, public safety and general welfare of the Town of Gulf Stream to establish and adopt a Comprehensive Master Plan for the orderly development of the Town of Gulf Stream; and WHEREAS, a Comprehensive Master Plan has been approved by the Citizen Advisory Committee of the Town of Gulf Stream, and subsequently submitted to the Commission for approval after a public hearing; NOW, THEREFORE BE IT RESOLVED BY THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA that the Town of Gulf Stream COMPREHENSIVE MASTER PLAN is hereby established and adopted: The Comprehensive Master Plan shall mean the general development plan of the Town of Gulf Stream as herein adopted setting forth the general character of desired growth and development activity. This resolution shall be come effective immediately upon its adoption by the Town of Gulf Stream Commission. PASSED AND ADOPTED ON THIS 10 DAY OF 1975. OCTOBER fsi�cuo— LVm��,.>.., Deputy Town Clerk