HomeMy Public PortalAbout05/13/1977l
MAY 13, 1977
PRESENT: WILLIAM F. KOCH, JR. MAYOR
GEORGE W. WALKER VICE MAYOR
JOAN S. LAPORTE COMMISSIONER
JOHN K. WHITTEMORE COMMISSIONER
ABSENT: LINDLEY S. BETTISON COMMISSIONER
Also attending: Att'y John Randolph, Town Manager, William E. Gwynn
Deputy Town Clerk, Barbara Gwynn, Police Chief, William
McQuade and Chairman of the Planning and Zoning Board,
Larry M. Ball.
The Meeting was called to order by Mayor Koch at 9 A.M.
Upon motion by Commissioner Whittemore and seconded by Vice Mayor
Walker the Commission approved the Minutes of the Regular Meeting
April 8, 1977 and Special Meeting April 27th, 1977.
Upon motion by Commissioner LaPorte and Seconded by Vice Mayor
Walker the Financial Report for the month of April, 1977 was
accepted by the Commission.
The following summarization of the Police Report for the month of
April, 1977 was submitted by the Commission.
MILEAGE DAYS HOURS CALLS WARNINGS
Chief McQuade
1079
21
195
14
1
Sgt. Reardon
1019
20
160
9
1
Ron Pabor
919
21
168
18
2
Ben Burgess
1294
21
168
11
0
W. E. Howse
957
21
168
15
0
Wm. Cromwell
951
19
152
8
0
James Mahoney
1028
20
160
5
0
James Brown
1598
23
193
15
0
J. L. Brown
1145
19
164
6
2
TOTAL
9990
185
1528
101
6
A general discussion followed concerning the recently completed Police
Department Study made by the Traffic & Crime Institute of Northwestern
University. This study was made in light of recent B & E's and attempted
B & E's and ordered and paid for by the Gulf Stream Civic Association.
Mayor Koch stated that this was a good and informative report and will
be studied throughly by the Commission and acted upon accordingly at
the 1977 - '78 budget meetings.
-2-
COMMISSION MEETING MAY 13. 1977 Cont.
The Town Commission instructed Attorney John Randolph to draw up an
Ordinance authorizing a temporary rate increase in water rates should
emergency conditions continue. A Special Commission Meeting will
be announced at a later date in order to have 1st reading of this
Ordinance.
Vice Mayor Walker made a motion that Resolution 77 -1 providing for
issuance of a tax anticipation note in the amount of $180,000.00 be
accepted by the Town Commission, Commissioner LaPorte seconded the
motion, motion was unanimously passed.
RESOLUTION 77 -1
A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE
TOWN OF GULF STREAM, FLORIDA, OF A TAX ANTICIPATION
NOTE IN THE AMOUNT -OF $180,000.00 DUE AND PAYABLE
* MAY TO ADVANCE FUNDS FOR THE COST OF LAYING
WATER LINES AND TO MAKE CERTAIN OTHER IMPROVEMENTS
NECESSARY TO EXTEND AND IMPROVE THE WATER WORKS
SYSTEM OF THE TOWN; CONTAINING OTHER PROVISIONS
RELATING TO SUCH NOTE; AND PROVIDING AN EFFECTIVE
DATE.
* Date will be entered when Deputy Town Clerk receives
note
Vice Mayor Walker moved that the contract for the Water System
Improvement Project, Part A, be awarded to American Consolidated
Inc. on the basis of their low bid of $142,654.45 with completion
time of 140 calendar days. Commissioner Whittemore seconded the
motion, motion was unanimously passed.
Vice Mayor Walker made a motion that a letter of authorization be
written to Russell & Axon Engineers to proceed with engineering
services for the construction phase of Part A of the Water System
Improvement Project. Commissioner Whittemore seconded the motion,
motion was unanimously passed.
Commissioner Whittemore was instructed to meet with Deputy Town
Clerk Barbara Gwynn to draw up a letter to the Gulf Stream Golf Club
advising them the Commission has not received from them an answer
to completion of necessary repair work on the existing water tower
as recommended by Odam Tank Company.
Commissioner Whittemore requested the Commission to continue the
fight against lethal yellowing and recommended a study be made by
an authority on this disease for recommendation to the Commission
at the next regular meeting steps that must be taken by the Town
to help control this disease.
-3-
COMMISSION MEETING MAY 13, 1977 Cont.
A letter received from Glen Sova, Water Plant Treatment Operator was
read to the Commission concerning a wage increase from $2.00 per day
to $7.00 per day. After a general discussion Commissioner Whittemore
moved that this request be granted, Commissioner LaPorte seconded the
motion, motion was unanimously accepted.
Meeting adjourned 10:10 A.M.
Deputy Town Clerk
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
MAIL ADDRESS
William F. Koch. Jr., Mayor
246 SEA ROAD
DELRAY BEACH, FLORIDA
George W. Walker, Vice- ca -Mayor
33444
Joan S. LaPorte
TEL.: DELRAY BEACH
Lindley S. Bettison
2765116
John K. Whittemore
Town Manager
WILLIAM E. GWYNN
Deputy Town Clerk
BARBARA GWYNN
PROJECT NO. 7472- 3 -II -CP
AUTHORIZATION TO PERFORM ENGINEERING SERVICES
TO: RUSSELL & AXON
FROM: Town of Gulf Stream
246 Sea Road
Gulf Stream, Fla. 33444
UNDER THE PROVISIONS OF: Agreement dated April 8, 1971.
As per the Town's "Authorization to Perform Engineering Services"
dated October 29, 1976, the Town hereby authorizes Russell and
Axon, Engineers - Planners - Architects, to proceed with
engineering services for the construction phase of Part A of
the Water System Improvements project. This will include
engineering services during construction (contract management,
etc. ) and resident inspection. The fees for these services
will be as outlined in the October 29th authorization.
AUTHORIZED:
Title Mayor
Date
AGREED TO:
RUSSELL & AXON
By Ic
John fl. Kli ck, P.E.
Vice President
M I N U T
PRECONSTRUCTION CONFERENCE
TOWN OF GULF STREAM, FLORIDA
WATER MAINS
PROJECT NO. 657 - 741 -02
On Wednesday, May 25, 1977, at approximately 10:00 A.M., a preconstruction con-
ference was held at Gulf Stream Town Hall, Town of Gulf Stream, in reference to
above subject. The following people attended the meeting:
Paul Adams
Barbara Gwynn
L. S. Bettison
T. A. Edwards
Karen Sterling .
Lou Detter
C. F. Stuart
Wayne C. Meggers
Kirk E. Schreiber
John H. Klinck
Gates D. Castle
American Consolidated
Town of Gulf Stream
Town of Gulf Stream
American Telephone & Telegraph
Fla. Department of Transportation
Florida Power & Light
Southern Bell Telephone Company
City of Delray Beach
City of Delray Beach
Russell & Axon
Russell & Axon
Mr. Klinck introduced everyone at the meeting.
Mr. Castle advised Charles Stuart of Southern Bell that R & A has.a set of plans
from Southern Bell marking the telephone lines, and that the information has
been incorporated into the plans.
Mr. Detter of F. P. & L. said there were about 4 poles and some guy wires near
the project. There are no underground facilities. He requested 48 hours notice
for holding poles, and contact should be made through David McCarthy - 278 -3311.
No one from Palm Beach County Engineering Department was present. They have
jurisdiction over Old Dixie Highway. Permits have been secured for open
cut crossing, and 24 hours notice is required before open cutting. R & A
will handle this.
Permits have been incorporated in the specifications for open cut crossing.
(from the Department of Transportation) of U.S. #1 and up the east edge of the
right -of -way between the sidewalk and curb. Contact person is Mr. Hamlin - 683 -4646.
No representative was present from the Florida East Coast Railroad. Permits
have been obtained from them for jack & bore crossing. There is a 25 ft.
right -of -way on the wast side of the railroad right -of -way.
Mr. Edwards of A.T. & T. requested that Sec. 1926.651 from the Federal Register
Preconstruction Conference Project No. 657 - 741 -02
Page 2 Water Mains
May 25, 1977 Town of Gulf Stream
of Sat., Dec. 16, 1972, Vol. 37, No. 243, be inserted into the minutes. (See
attached). Hand excavation of the A.T. & T. cables in Old Dixie Highway is
required. A. T. & T. requests 48 hr. notification; contact 1 -800- 432 -0770.
The Contractor will provide a steel I -beam for support of the A. T. & T. cable.
Mr. Adams of American Consolidated advised that the job should start in a few
weeks. The contracts are awaiting processing by the Town of Gulf Stream. All
bonds, and insurance papers have been checked by R & A.
Notice to Proceed will be issued on completion of signing of the Contract documents.
Easements and rights -of -way have been secured.
The Contractor will do his own staking.
An office will be set up at 167 N. E. 2nd Avenue in Delray Beach.
Working hours are from 8:00 A.M. to 5:00 P.M.
All questions should be cleared through R & A. Permits should be obtained from
Delray Beach, The Town of Gulf Stream, and if necessary, from Palm Beach County,
as some of the project is in the County.
The Town of Gulf Stream reserves the right to delete, or add, items within 25%
of the total contract.
The work area should be kept clean and orderly.
If there are any problems in getting equipment or materials as listed, changes
must be requested in writing.
Work and payment schedules should be prepared by American Consolidated. The
cut -off date for Periodic Estimates is the 20th of the month, with submittal to
R & A by the 25th. Mr. Adams advised that the first billing would be approximately
80% of the project due to materials stored on site. Paid invoices will be sub-
mitted. Subcontractors must also be requested in Writing. (Asphalt sub and
jack & bore sub will be required). Payment schedules and invoices should be pre-
pared in cooperation with the R & A Inspector.
As -built data should be submitted daily.
Eight copies of shop drawings,(showing approval by Contractor) are required.
Pipe certifications are required.
Pre - construction photographs were requested.
Traffic control on U. S. #1 during open cutting will be by opening one -half at a
time. Police assistance will be used, if possible.
Contingency for corrective work, if required, is covered by the Contractor's
one year warranty on the work.
c,
I
C
(1) Dally Inspections of excavations
shall be made by a competent person.
evidence or possible cave -ins or slides
apparent, all work in the excavation s
cease uatll the necessary precautions
have been taken to safeguard the em-
ployees.
§ 1926.651 Sperific rxravalion require
mrnts.
(a) Prior to opening an excavation
effort shall be made to determine
whether underground installations; i.e.
sewer, telephone, water, fuel, electric
lines, etc., will be encountered, and if so
where such underground installations
are located. When the excavation ap-
proaches the estimated location of suc)•
an installation, the exact location shat
be determined and when it is uncovered,
proper supports shall be provided for the
existing installation. Utility companies
shall be contacted and advised of pro-
posed work prior to the start of actual
excavation.
(b) Trees, boulders, and ether surface
encumbrances, located so as to create a
hazard to employees Involved in excava-
tion work or In the vicinity thereof at any
time dur'.ng operations, shall be removed
or made safe before excavating is begun.
(c) The walls and faces of all excava-
tions in which employees are exposed to
danger from moving ground shall be
guarded by a shoring system, sloping of
the ground, or some other equivalent
means.
(d) Excavations shall be Inspected by
a competent person after every rain-
storm or other hazard- Increasing occur-
rence, and the protection 11 gainst slides
and cave -ins shall be Increased if
necessary.
(e) The determination of the angle
of repose and design of the supporting
system shall be baser! on careful evalu-
ation of pertinent factors such as: Depth
of cut: possible variation In water con-
tent of the material while the excavation
is open; anticipated changes in materials
from exposure to air, sun, water, or freez-
ing: leading imposed by structures,
equipment, overlying material, or stored
material; ,and vibration from equipment,
blasting, traffic, or other sources.
(f) Supporting systems; i.e., piling,
cribbing• shoring, etc., shall be designed
by a qualified person and meet accepted
engineering requirements. When tle rods
are used to restrain the top of sheeting
or other retaining systems, the rods shall
be securely anchored well back of the
angle of.repose. When tight sheeting or
sheet piling is used, full loading due to
ground water table shall be assumed, un-
less prevented by weep holes or drains
or other means. Additional stringers, ties,
and bracing shall be provided to allow
for any necessary temporary removal of
Individual supports.
RULES AND REGULATIONS
(g) All slopes shall be excavated to a
If least the angle of repose except for area
!s where solid rock allows for line drilling
hall or presplltting. x
(h) The engli: of repose shall be flat-
tened
when an excavation has water
conditions, silty materials, loose boulders
and areas where erosion, deep frost ac
tlon, and slide planes appear.
(1)(1) In excavations which employees
may be required to enter, excavated o
other material shall be effectively stored
and retained at least 2 feet or more from
the edge of the excavation.
(2) As an alternative to the clearance
prescribed in subparagraph (1) of this
paragraph, the employer may use effec-
tive barriers or other effective retaining
1 devices in lieu thereof in order to prevent
excavated or other materials from failing
Into the excavation.
(j) Sides, slopes, and faces of all ex-
cavations shall meet accepted engineer-
ing requirements by scaling, benching,
barricading, rock bolting; wire meshing,
or other equally effective means. Special
attention shall be given to slopes which
may be adversely affected by weather or
moisture content.
(k) Support systems shall be planned
and designed by a qualified person when
excavation is in excess of 20 feet in depth,
adjacent to structures or Improvements,
or subject to vibration or ground water.
(1) Materials used for sheeting, sheet
piling, cribbing, bracing, shoring, and
underpinning shall be in good serviceable
condition, and timbers shall be sound,
free from large or loose knots, and of
proper dimensions.
(m) Special precautions shall be taken
in sloping or shoring the sides of excava-
tions adjacent to a previously backfired
excavation or a fill, particularly when
the separation Is less than the depth of
the excavation. Particular attention also
shall be paid to joints and seams of mate-
rial comprising a face and the slope of
• such seams and joints.
(n) Except in hard rock, excavations
below the level of the base of footing of
any foundation or retaining wall shall
not be permitted, unless the wall is un-
derpinned and all other precautions
taken to insure the stability of the ad-
jacent walls for the protection of em-
ployees Involved In excavation work or
,in the vicinity thereof.
(o) If the stability of adjoining build-
ings or walls Is endangered by excava-
tions, shoring, bracing, or underpinning
shall be provided as necessary to Insure
their safety. Such - shoring, bracing, or
underpinning shall be inspected daily or
more often, as conditions warrant, by a
competent person and the protection ef-
fectively maintained.
(p) Diversion ditches, dikes, or other
suitable means shall be used to prevent
2 5
t surface water from entering an excava
s tlon and to provide adequate drainage c
the area adjacent to the excavation. Wa
ter shall not be allowed to accumulate 11
an excavation.
r (q) If It Is necessary to place or oper
ate power shovels, derricks, trucks, mate
rials, or other heavy objects on a leve
above and near an excavation, the side
of the excavation shall be sheet -plled
r shored, and braced as necessary to rests
the extra pressure due to such superim•
posed loads.
(r) Blasting and the usc'or explosive:
shall be performed in a= cordance will
Subpart U of this part.
(s) When mobile equlpinent 1s utilizec
or allowed adjacent to excavations, sub•
startial stop logs or barricades shall be
installed. If possible, the grade shook
be away from the excavation.
(t) Adequate barrier physical protec-
tion shall be provided at all remotely lo•
cated excavations. All wells, pits, shafts,
etc., shall be barricaded or covered. Upon
completion of exploration and similar op-
erations, temporary wells, pits, shafts,
etc., shall be backfliled.
(u) If possible, dust conditions shall 1•e
kept to a minimum by the use of water,
salt, calcium chloride, oil, or other means.
(v) In locations where oxygen defl-
clency or gaseous cenditir as are possible,
air in the excavation shall be tested. Con-
trols, as set forth in Subparts D and E of
this part, shall be established to assure
acceptable atmospheric conditions. When
flammable gases are present, adequate
ventilation shall be provided or sources
of Ignition shall be eliminated. Attended
emergency rescue equipment,. such as
breathing apparatus, a safety harness
and line, basket stretcher, etc., shall be
readily available where adverse atmos-
pheric conditions may exist or develop In
an excavation.
fw9 Where employees or equipment
are required or permitted to cross over
excavations, walkways or bridges with
standard guardrails shall be provided.
(x) Where ramps are used for em-
ployees or equipment, they shall be de-
signed and constructed by qualified per-
sons in accordance with accepted engi-
neering requirements.
(y) All ladders . used on excavation op-
erations shall be in accordance with the
requirements of Subpart L of this part.
1926.652 Sperifie Trenching rrqu:re.
menit
(a) Banks more than-5 feet 1»gli sliall.
be shored, laid back to a stable slope, or"
some other equivalent means of protec-
tion shall be provided where employees
may be exposed to moving ground or
cave -Ins. Refer to Table P -1 as guide
In sloping of banks. Trenches less than 5
feet in depth shall also be effectively pro-
tected when examioation of the ground
FEDERAL REGISTER, VOL 77, NO. 243 — SATURDAY, DECEMBER 16, 1977
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1'. I
RESOLUTION NO. 77_1
A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE
TOWN OF GULFSTREAM, FLORIDA, OF A TAX ANTICIPATION
NOTE IN THE AMOUNT OF $180,000.00 DUE AND PAYABLE
TO ADVANCE FUNDS FOR THE COST OF
LAYING WATER LINES AND TO MAKE CERTAIN OTHER
IMPROVEMENTS NECESSARY TO EXTEND AND IMPROVE THE
WATER WORKS SYSTEM OF THE TOWN; CONTAINING OTHER
PROVISIONS RELATING TO SUCH NOTE; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
GULFSTREAM, FLORIDA:
Section 1. AUTHORITY FOR THIS RESOLUTION. This
Resolution is adopted pursuant to the provisions of the Charter of
the Town of Gulfstream and other applicable provisions of law.
Section 2. FINDINGS
and declared as follows, that:
It is hereby found,determined
a. The Town of Gulfstream, (the "Issuer ") is obligated
to extend and improve its water system and to lay water lines
and make certain other improvements incidental thereto.
b. Although it is contemplated that the cost of the
project will be financed on a long -term basis by other methods,
i.e., by the issuance of water revenue bonds, which may be pursuant
to the existing Charter of the Issuer or pursuant to other lawful
authority, it is immediately necessary, in order to accommodate
the present plans and schedules of the Issuer, that the $180,000.00
be made immediately available for such purpose.
C. It is, therefore, necessary to issue a short term
note in the amount of $180,000.00 in order to immediately receive
funds in anticipation of the receipt of the proceeds of such long-
term financing, and it is necessary to pledge the taxing power of
the Issuer for the fiscal year 1977 -78 and other revenue sources
described herein as security for said Note.
Section 3. RESOLUTION TO CONSTITUTE CONTRACT. In
consideration of the acceptance of the Note authorized to be
issued hereunder by the Barnett Bank of Delray Beach, the holder,
this Resolution shall be deemed to be and shall constitute a contract
between the Issuer and the holder. The covenants and agreements
herein set forth to be performed by the Issuer shall be for the
equal benefit, protection and security of the legal holder of such
Note.
Section 4. AUTHORITY OF ISSUANCE OF SHORT TERM NOTES.
For the purpose of financing the cost of the Project there is
hereby authorized to be issued a Tax Anticipation Note of the
Issuer in the aggregate principal amount of not exceeding One
Hundred Eighty Thousand Dollars ($180,000.00). The Note shall be
dated as of its date of delivery, but not earlier than May
1977, shall be payable to bearer, shall be payable in lawful
money of the United States of America, shall mature on May
and shall bear interest from date payable at maturity. The Note
shall be issued in the amount of $180,000.00, shall bear interest
at such rate or rates, not exceeding the maximum rate permitted
by law, as is hereinafter specified and shall be payable with
respect to both principal and interest at the Barnett Bank of
Delray Beach.
Section 5. SALE OF NOTE. The Note is hereby sold and
awarded to Barnett Bank of Delray Beach, at the price of $180,000.0
and shall bear interest at the rate of 4.5170 per annum.
Section 6. EXECUTION OF NOTES. The Notes shall be
executed in the name of the Issuer by the Mayor and countersigned
and attested by the Town Clerk and the corporate seal of the Issuer
shall be affixed thereto. The Notes may be signed and sealed on
behalf of the Issuer by such person who at the actual time of the
execution of such Notes shall hold the proper office in the
Issuer.
Section 7. FORM OF NOTE. The text of the Note shall be
in substantially the following form and tenor, with such variations
omissions and insertions as may be necessary, desirable and
authorized or permitted by this Resolution or any subsequent
resolution adopted prior to the issuance thereof:
Section 8. PLEDGE OF FUNDS. For the prompt payment of
the principal of and interest on the Note, the ad valorem taxing
power of the Issuer for the fiscal year 1977 -78, to be levied and
assessed, at an annual rate not to exceed ten (10) mills on the
dollar of assessed value, is irrevocably pledged. The principal
of and interest on the Note are additionally secured by and payable
from a lien on and pledge of the proceeds of the franchise taxes
and the utilities services taxes levied and collected in the Town.
Section 9. LEVY OF AD VALOREM TAX; COVENANT TO BUDGET
EXCISE TAXES.
(a) There shall be levied and collected a tax during
the fiscal year 1977 -78, to be levied and assessed at an annual
rate not to exceed ten (10) mills on the dollar of assessed value,
on all property subject to taxation by the Town, to the extent
necessary to pay the principal of and interest on such Notes as the
same shall become due, after deducting therefrom any other funds
which may be available for such principal and interest payments
and which may be so applied.
(b) The Town, in preparing, approving and adopting its
budget controlling or providing for the expenditure of its funds
for the fiscal year 1977 -78, will appropriate, allot and approve,
from the proceeds of the Excise Taxes, amounts sufficient, as
necessary, to pay the principal of and interest on the Notes as
the same shall become due, after deducting therefrom any other
funds which may be available for such payments and which may be so
applied.
PROCEEDS.
Section 10. NOTEHOLDERS NOT AFFECTED BY USE OF NOTE
The holders of the Note issued hereunder shall have no
responsibility for the use of the proceeds of said Note, and the
use of such Note proceeds by the Town shall in no way affect
the rights of such Noteholder.
Section 11. MODIFICATION OR AMENDMENT. No material
modification or amendment of this Resolution or of any resolution
amendatory hereof or supplemental hereto, may be made without the
consent in writing of the noteholder.
Section 12. SEVERABILITY OF INVALID PROVISIONS. If any
one or more of the covenants, agreements or provisions of this
Resolution should be held contrary to any express provision of
law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason
whatsoever be held invalid then such covenants, agreements or
Provisions shall be null and void and shall be deemed separate
from the remaining covenants, agreements or provisions, and in no
way affect the validity of all the other provisions of this
Resolution or of the Note issued thereunder.
Section 13. PRIOR RESOLUTIONS REPEALED. All prior
resolutions inconsistent with this Resolution, are repealed.
Section 14. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
PASSED AND ADOPTED ON 1st READING THIS 13th DAY
OF MAY , A.D., 1977.
A rs!� �00
1TTEST: