HomeMy Public PortalAbout06/10/1981COMMISSION MEETING
�f JUNE 10, 1981
PRESENT: WILLIAM F. KOCH, JR. MAYOR
JOAN S. LAPORTE VICE MAYOR
JOEL HUNTER COMMISSIONER
ALAN I. ARMOUR COMMISSIONER
ROBERT J. DIXSON COMMISSIONER
Also Attending: Attorney John Randolph; Manager, William Gwynn;
Town Clerk, Barbara Gwynn; Police Chief, James Greer;
Bill Aterbury, Laurence Wells, Jim Hilliard and Gene Caputo.
The Meeting was called to order by Mayor Koch at 9 A. M.
Upon Motion by Commissioner Dixson, seconded by Vice Mayor LaPorte, the
Commission approved the Minutes of the May 8, 1981 meeting.
A request to change Leadership Cablevision Associates, to Fairbanks Cable of
Florida, Inc., was made by owner, Laurence Wells; Mr. Jim Hilliard, one of the
new owners of Fairbanks Cable, gave a short history of his company and why a
change is requested. After a general discussion, Commissioner Armour moved
that this request be placed on the first reading. Vice Mayor LaPorte seconded
the motion. Motion was passed by the Commission. This is an amendment to
Ordinance 74 -5, Section 2 (e).
ORDINANCE NO. 81 -3
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA, AMENDING
ORDINANCE NO. 74 -5, SECTION 2 (e) TO CHANGE
THE GRANTEE OF THE FRANCHISE FROM LEADERSHIP
CABLEVISION ASSOCIATES, A FLORIDA LIMITED
PARTNERSHIP, TO FAIRBANKS CABLE OF FLORIDA,
INC., AN INDIANA CORPORATION.
Town Manager, William Gwynn, presented the monthly financial reports which
are made a part of the minutes. A brief review of the budget was presented to
the Commission. Upon motion by Commission Hunter, seconded by Commissioner
Armour, the Commission approved the financial reports for the month of May, 1981.
Gwynn discussed the proposal for the pay increase of $300 per seven men of
the Police Department, which would go into effect July 1, 1981. Motion was made
by Commissioner Hunter, seconded by Commissioner Dixson, for approval of the
$300 pay increase per seven men, effective July 1, 1981.
Chief Greer gave the monthly police report; the report is made a part of the
Minutes. He then discussed the new budget proposal which, if approved, would
be effective October 1, 1981. The proposed budget is made a part of the Minutes.
In closing, Greer explained that the pay increase of $300 was due to the fact
that effective June 30, 1981, the men would be off their probation period and,
therefore, he feels such pay increase would be appropriate.
Town Manager, William Gwynn, read Ordinance 81 -1, which was the second and
final reading.
ORDINANCE 81 -1
AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA,
PROVIDING FOR SHORT TITLE: PROVIDING FOR DEFINI-
TIONS: PROVIDING FOR REQUIREMENT FOR ALARM PERMIT:
PROVIDING FOR EXEMPTION: PROVIDING FOR THE APPLI-
CATION FOR ALARM PERMIT: PROVIDING FOR THE ISSU-
ANCE OF ALARM PERMIT: PROVIDING FOR APPEALS:
PROVIDING FOR REVOCATION OF PERMIT: PROVIDING
FOR SERVICE CHARGE: PROVIDING FOR INSPECTION:
PROVIDING FOR EXEMPTION OF HEARING: PROVIDING
FOR REPORTING SERVICING FOR EXEMPTION HEARING:
PROVIDING FOR REPORTING SERVICING INFORMATION:
PROVIDING FOR PROHIBITIONS: PROVIDING FOR
CRIMINAL PENALTIES: PROVIDING FOR LIMITATION OF
LIABILITY: PROVIDING FOR SEVERABILITY: PROVIDING
FOR INCLUSION IN THE CODE: AND PROVIDING FOR
EFFECTIVE DATE.
On motion duly made and seconded, the proposed Ordinance 81 -1, is amended to
include a provision for the giving of notice to all residents and residential
property owners including a provision - that alarm systems be provided with
controls to prevent alarm signals such as bells, sirens and alike continuing
for longer than thirty minutes, all effective January 1, 1982. All Commission
members voted yes on the Motion except Commissioner Dixson voted no.
Town Manager, William Gwynn, read Ordinance 81 -2, which is the second and
final reading.
ORDINANCE 81 -2
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA, PROHIBITING "GARAGE SALES"
WITHIN THE TOWN: PROVIDING A DEFINITION OF GARAGE
SALES: PROVIDING A PENALTY FOR VIOLATION OF THIS
ORDINANCE: PROVIDING FOR SEVERABILITY: PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
Commissioner Hunter moved for the passing of Ordinance 81 -2. Vice Mayor
LaPorte seconded the Motion. Said Ordinance was approved by the Commission.
Gene Caputo presented the report made by the Study Committee concerning the
revision of the Zoning Ordinances and the revising of the Zoning map. He
submitted to the Commission a revision entitled "Recommended Zoning Ordinance
Revisions ".
Upon discussion of zoning revisions, Mayor Koch recommended that something
should be done to stop "interval ownership ". During this period of
discussion, Mayor Koch suggested that the wildlife sanctuary presently zoned
recreational area, be rezoned to conservation and preservation.
The presentation made by Gene Caputo will be studied and taken into considera-
tion by the Commission. John Randolph, Attorney, and Gene Caputo were
instructed by the Commission to meet to discuss all aspects of these revisions.
Mr. Caputo quoted the price of the printing of new colored Zoning maps for the
Town. Motion to purchase maps made by Commissioner Dixson and seconded by
Commissioner Hunter. The remainder of the Commission opposed. Motion denied.
Mayor Koch said that the date for the Civil Defense meeting would be set
sometime in the near future.
Commissioner Dixson said that he would be meeting with Jim Watt, Representative
from the Legislature, and Mayor Koch, concerning the Sunshine Law.
The letter from Delray Beach to Mayor Koch concerning Paramedic Services was
commented on by Commissioner Dixson. The Commission was in agreement that
something should be done for quick and efficient medical service to the
residents of Gulf Stream.
Chief Greer suggested that all islands across from the waterway should meet to
discuss the formation of paramedic services among themselves.
Mayor Koch advised the Town Clerk, Barbara Gwynn, to write letters to Manalapan
and Ocean Ridge for the possibility of forming a Paramedic Service to the
neighboring towns.
Meeting adjourned 11:25 A.M.
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DEPUTY TOWN CLXRK �—
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0
POLICE REPORT
Month of May 1981
TO: Police Commissioner, Robert Dixson
FROM: Chief James W. Greer
Burglaries Reported
Attempted Burglaries 0
Stolen Property Recovered $1,100.00
Burglary Cases Cleared 6 Gulf Stream
21 Other agencies
Arrests
Felony 8
Misdeameanor 1 - Juvenile referral
Warrants 4
Traffic 76
Warnings 22
FIR'S 10
False Alarms 24 \�
Traffic Accidents 2
Total Case Reports 101
Mila e
Days
Hours
Lt: Mahoney
950
23
184
Ptlm. Bucklew
1,454
22
176
Ptlm. Walsh
1,200
24
192
Ptlm. Bunner
1,385
21
161
Pticp. Osborne
917
20
168
Ptlm. Hood
1,006
22
176
Ptlm. Hatton
553
21
168
Det. Stocks
800
23
184
8,265
177
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Page 2.
CHECKS DRAWN ON OPERATING ACCOUNT:
i06
Exec. Management Consultant
Consultant Fee
$ 375.00
607
Federal Reserve Bank
Withholding -May
3,028.98
608
S/S Cont. Trust Fund
S/S May
2,353.12
609
Electro Bake Auto Painting
Police Dept.
334.95
610
Adams Chevrolet
Police Dept.
31.31
611
Fairchild Lowell Corp.
Police Dept. (For Uniforms)
291.20
612
Auto Stereo, Inc.
Police Dept. (Lens)
47.99
613
Exec. Management Consultant
Consultation Services
350.00
614
Hand's
Office Supplies
32.01
615
Harvel & Deland
Utility Repairs & Phone Installation
1,573.00
616
Home Hardware
Police Dept.
3.07
617
Aid to Traffic
1 sign; LO' channel post
55.00
618
Atlantic Refrigeration, Inc.
Police Dept.
34.69
619
Auto Stereo, Inc.
Police Dept.
47.99
620
Bodel Co., Inc.
Stationery & Registration Tags
70.20
621
Boynton Auto Supply
Town Hall
212.34
622
VOID
623
County Sanitation
May Charge
2,240.00
624
Crystal Water Co.
Town Hall
10.20
625
VOID
626
Bd. of Co. Commissioners
Trash disposal -May
256.00
627
Delray Car Wash
Police Department
12.25
628
Easy Pay Tire Stores
Police Dept. (1 tire)
39.75
629
Evaul Auto Service
Police Dept.
19.50
x110
Florida Power & Light
Streets - Town Hall
1,180.68
1
Gulf Oil Corporation
Gas - May & June
2,210.39
032
Jim's Auto Air & Repair
Police Dept.
173.04
633
Kustom Electronics
Police Dept.
1,597.57
634
Lanier Business Products
Town Hall - Lease for Copier
230.11
635
Little Club
Lot Mowing -Use of Electric Pump
207.88
636
Ocean City Lumber
Police Dept.
58.30
637
Ocean Ridge Service
Police Dept. (Tire Repair)
6.00
638
Town of Ocean Ridge
Police Dept. (Breathalyzer Test)
25.00
639
Pierce Tire Co. Inc.
Police Dept. (Repairs)
81.89
640
Secretarial Services
Town Hall- Address Plate Work
8.75
641
Southern Bell
May
447.69
642
Tom Sova
Service on Cars
349.00
643
Superior Surgical
Police Dept. (Lamar Uniforms)
3.40
644
Transi- Tronics, Inc.
Police Dept.
198.75
645
Clarence Sova
Supplies
40.92
646
Municipal Code Corp.
50 copies of Supplemental
392.16
647
Purity Uniform Services
Sanitation Dept.
70.80
648
Paragon Cleaners
Police Dept.
117.75
649
Cash
Petty Cash
49.83
650
Smith Bros. Film Drop
Police Dept. (Film Processing)
11.53
651
Mobile Communications
Answering Service
48.00
652
Siegel's
Emblems - Police Dept.
225.57
653
Palm Beach City Bldg. Dept.
Permits
119.25
654
Town of Gulf Stream
Payroll Account
6,930.55
655
City of Delray
Water - May
6,731.67
Page
3.
Wages
First
CHECKS DRAWN ON OPERATING ACCOUNT:
June
685.22
656
Fla. Municipal Liability
Liability Coverage
$ 34.00
657
Association Consultant of FL.
Health Insurance
806.10
658
BoDel, Inc.
Shut -off Notice Water Dept.
40.75
659
Palm Beach Jr. College
Police Dept. - Radar School
5.00
660
William E. Gwynn
Accounting Services -April
140.00
661
Paymaster Corp.
Check writer
236.00
662
VOID
484.91
663
Town of Gulf Stream
Payroll Account
6,212.50
664
William E. Gwynn
Gas Allowance
200.00
Herb Hatton
Cost of new check books
29.55
TOTAL $40,638.93
SUMMARY OF CHECKS DRAWN ON PAYROLL ACCOUNT:
119
James Greer
Wages
First
1/2
June
685.22
120
Charles Bunner
(Vacation Pay)
863.72
121
Joe Stocks
466.43
122
James Walsh
483.51
123
Dick Hood
484.91
124
Jim Mahoney
616.86
125
Herb Hatton
487.84
126
Leslie Bucklew
480.54
'17
Susan Law
"
322.80
28
Michael Osborn
532.75
f 129
Clarence Sova
396.61
130
James Colebrook
347.91
131
William Gwynn
500.00
132
Laurie Hatton
"
261.45
133
James Greer
Wages
Second
1/2
June
685.22
134
Joe Stocks
466.43
135
Jim Walsh
486.04
136
Dick Hood
484.91
137
Jim Mahoney
616.86
138
Herb Hatton
518.62
139
Leslie Bucklew
537.77
140
Susan Law
352.94
141
Michael Osborn
532.75
142
Clarence Sova
396.61
143
James Colebrook
347.91
144
William Gwynn
500.00
145
Laurie Hatton
286.44
TOTAL
13,143.05
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TOWN OF GULF STREAM
CASH PROJECTION
1981
CASH
Bank balances - Checking
Bank balances - Savings 5 1/4%
Receipts - Revenue
Receipts - Transfer from Investments
Total
Expenditures
Surplus (Incl. $16,000 Savings 7/31)
(Incl. $11,000 Savings 8/31)
Due Rate
Beginning of period
JULY
JULY
and AUGUST
20,487
20,489
16,005
16,005
10,000
35,000
30,000
30,000
76,492 101,494
45,000 90,000
31,492 11,494
U.S. Treasury bills
7/2/81
14.00%
30,000
30,000
Barnett Bank Cert. of Deposit
7/13/81
13.43
50,000
50,000
Sun Bk Cert. of Deposit (Water)
10/22/81
13.87
18,000
18,000
"
11/4/81
15.35
23,000
23,000
"
9/17/81
12.35
10,000
10,000
Total
131,000
131,000
End of Period
Barnett Bk Cert. of Deposit 7/31/81
13.43
50,000
50,000
Sun Bk Cert. of Deposit (Water) 10/22/81
13.87
18,000
18,000
" 11/4/81
15.35
23,000
23,000
" 9/17/81
12.35
10,000
10,000
Total
Indebtedness
Barnett Bank
101,000 101,000
Open 4.51% 95,860 95,860
ORDINANCE NO.81 -1
AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA,
PROVIDING FOR SHORT TITLE; PROVIDING FOR DEFINI-
TIONS; PROVIDING FOR REQUIREMENT FOR ALARM PERMIT;
PROVIDING FOR EXEMPTION; PROVIDING FOR THE APPLI-
CATION FOR ALARM PERMIT; PROVIDING FOR THE ISSUANCE
OF ALARM PERMIT; PROVIDING FOR APPEALS; PROVIDING
FOR REVOCATION OF PERMIT; PROVIDING FOR SERVICE
CHARGE; PROVIDING FOR INSPECTION; PROVIDING FOR
REPORTING SERVICING INFORMATION; PROVIDING FOR
PROHIBITIONS; PROVIDING FOR CRIMINAL PENALTIES;
PROVIDING FOR LIMITATION OF LIABILITY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Police Department of the Town of Gulf Stream
has indicated that improper installation, maintenance, and use of
burglar alarms in the Town has resulted in a tremendous number of
"false alarms" being signaled to which the Police Department must
respond; and
WHEREAS, the response to any alarm necessitates a deple-
tion in the Police Department from its routine and necessary duties;
and
WHEREAS, the Police Department has indicated that virtually
all alarms so activated are caused by defects in the alarms them-
selves or in their installation, maintenance, or use, rather than
by burglaries; and
WHEREAS, reasonable regulation of alarm businesses
should result in a significant decrease in false alarms with a
resultant savings in public resources.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA, that:
Section 1. Short Title:
"The Burglar Alarm Ordinance"
Section 2. Definitions
This Ordinance may be cited as
As used in this Ordinance the
following words shall have the meanings ascribed to them by this
Section:
(a) "ALAR*4" shall mean any device which is designed and
used in a building for the detection and alerting of others of
unauthorized entry, or any other crime, and which emits a sound,
signal, or message, when activated.
(b) "ALARM BUSINESS" shall mean any person licensed to
sell, lease, maintain, service, repair, alter, replace, move or
install any alarm for any building, place or premises.
(c) "ALARM USER" shall mean any person using an alarm.
(d) "CLASS 'A' ALARMS" shall mean all those activated
alarms which appear to have been activated by forced or illegal
entry.
(e) "CLASS 'B' ALARMS" shall mean all activated alarms
which do not qualify as Class "A" alarm responses.
(f) "PERSON" shall mean an individual, partnership or
corporation.
Section 3. Requirement for Alarm Permit: It shall be
unlawful for any person to have an alarm set up to he operational
unless that person first obtains an alarm permit from the Town.
Those persons presently maintaining an alarm within the Town shall
have sixty (60) days from the effective date of this Ordinance in
which to file for an alarm permit.
Section 4. Exemption: This Ordinance shall not apply
to the alarms attached to motor vehicles or to publicly -owned
property.
Section 5. Application for Alarm Permit: Applications for
alarm permits shall be made to the Chief of Police on forms provided
by the Chief. Each application shall be accompanied by a fee of
TEN ($10.00) DOLLARS. The application shall state the name, address
and telephone number of the applicant's property to be serviced by
the alarm, and the name, address and telephone number of the
applicant's residence, if different. If the applicant's alarm is
installed or serviced by an alarm business, then the applicant
shall also include the name and address Of that business. A permit
cannot be issued if the alarm business intended to be used is not
licensed by the Town.
Section 6. Issuance of Alarm Permit: The Chief of Police
shall issue an alarm permit only after receiving the completed
applications and only after the Chief determines that the proposed
alarm will be correctly installed, maintained and used. Anv denial
shall give definite reasons. An application for the alarm permit
may be denied if an applicant falsifies any information on the
application and a knowing falsification shall be a violation of
this Ordinance. The Chief may consider the type of alarm and its
history of functioning correctly, its proposed method of installa-
tion and any other pertinent factors.
Section 7. Appeals: Any applicant who is denied an
alarm permit may seek review of his denial by certiorari in the
Circuit Court after first appealing to the Town Commission.
Section 8. Revocation of Permit:
An alarm permit may be
revoked by the Chief of Police if the alarm user or his designated
agent:
(a) Fails to respond to his activated alarm within a
reasonable time when requested to do so by the Police Department;
.Sa
(b) Refuses to allow the Police Department to conduct a
reasonable inspection of the installed alarm pursuant to Section 11
of this Ordinance; or
(c) When his alarm system has signaled more than ten (10)!
Class "B" alarms to which the Police Department responds within a
period of six (6) consecutive months; or
(d) When an alarm user has been found to have falsified
information on the alarm users permit application.
Section 9. Reinstatement: If a permit has been revoked
due to excessive alarms, reinstatement can be obtained only if a
licensed alarm company inspects or repairs the system and submits
a report to the Police Department stating what has been done to
correct the problem and that the system is in working order. If
the alarm is maintained by that user and he refuses to redesign or
make any changes that a licensed alarm business recommends or will
not allow a licensed alarm business to inspect or repair the system,)
then any Class "B" alarm received by the Police Department while
the permit is revoked will require payment of a Fifty ($50.00)Dollar
fee. Any alarm user found to be operating an alarm in violation
of the alarm user's permit will pay a fine of Twenty -five ($25.00)
Dollars to be added to the original Ten ($10.00) Dollars in order
to be reinstated.
Section 10. Service Charge and Appearance Request: It
dj' , C
is hereby found and determined that four (4) Class "B" alarms within
six (6) months is excessive and constitutes a public nuisance. A
fee shall be charged to the alarm user ofr any Class "B" alarms
after the allotted amount of four (4). The fee, not to exceed
Twenty -five ($25.00) Dollars per alarm, shall be paid to the Town
of Gulf Stream as a service charge for each excessive alarm so
signaled.
Section 11. Exemption Hearing: Any alarm user whose
Permit has been revoked may appeal such action by filing an
Application for Hearing before the Town Commission within thirty
(30) days, or later if said period is extended by the Town Commis-
sion. At the hearing, the user may present evidence and witnesses
to support his claim that the revocation was unwarranted. The
burden of proving that such action was improper falls upon the
appellant. After hearing the presentation, and after taking into
consideration all other factors which it deems relevant, the Commis-
sion may recommend a course of action to the Chief of Police.
Section 12. Reporting Servicing Information: Each alarm
user shall maintain a current information card with the Police
Department, containing his name, address and telephone number as
well as the name, address and telephone number of the person or
persons who can render service to the alarm system at any hour of
the day or night. Each alarm user shall immediately inform the
Police Department of any and all changes in the information on
file with the Police Department regarding such permit. Failure to
so inform the Police Department may constitute grounds for revo-
cation of the permit.
Section 13. Prohibitions: All audible alarms on the
outside of a building must cut off automatically no longer than
thirty (30) minutes after being set off.
Section 14. Criminal Penalties: A violation of this
Ordinance shall be punishable according to law.
Section 15. Limitation of Liability: Neither the
Police Department nor the Town of Gulf Stream shall be under any
obligation or duty to an alarm user or to any other person here-
under by reason of this Ordinance. The Police Department and the
Town specifically disclaim liability for any damages which may be
caused by failure to respond to an alarm.
Section 16. Severability: If any section, paragraph,
sentence, clause, phrase or word of this Ordinance is for any reason
held to be declared unconstitutional, inoperative or void, such
holdings shall not effect the remainder of this Ordinance.
Section 17. Codification: This Ordinance upon approval
shall be codified into the Code of Ordinances of the Town of Gulf
Stream.
Section 18. Effective Date: The provisions of this
Ordinance shall become effective upon passage and approval as
provided by law.
PASSED AND ADOPTED ON SECOND READING THIS 12th DAY OF
JUNE 1981.
TOWN OF GULF STREAM
r
(
EST:
Town Clerk
ORDINANCE NO. 81 -2
AN ORDINANCE OF THE TOWN COM14ISSION OF THE TOWN
OF GULF STREAM, FLORIDA, PROHIBITING "GARAGE
SALES" WITHIN THE TOWN; PROVIDING A DEFINITION
OF GARAGE SALES; PROVIDING A PENALTY FOR VIOLA-
TION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, as follows:
Section 1. 'Garage Sale!�'are hereby prohibited within the
town limits of the Town of Gulf Stream.
Section 2. 'Garage Saled'as used in this Ordinance, is
hereby defined to mean any sale or offering for sale of personal
property by a person or persons of a family or other household
unit, said personal property having been acquired, possessed and
used by the family or household for personal as opposed to business!
or commercial use, when such sale is to be or is conducted at the j
present residence of such family or household. "Garage Sales"
shall include sales commonly referred to as patio sales, driveway
sales, yard sales and other such sales.
Section 3. Any person, firm or corporation convicted of
a violation of this Ordinance or of permitting a violation hereof
and conducting a garage sale shall be punished in accordance with
the general penalty section of the Code of Ordinances of the Town
of Gulf Stream.
Section 4. If any section, paragraph, clause, phrase or
term of this Ordinance be declared invalid, the same shall not
operate to invalidate any other provisions.
Section 5. This Ordinance shall become and be made a
part of the Code of Ordinances of the Town of Gulf Stream, Florida.
Section 6. That this Ordinance shall be in full force
and effect from and after its passage and approval.
r
PASSED AND ADOPTED ON SECOND READING TIIIS 12th
DAY OF ,TUNE , 1981.
i
i;
VTTEST;
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T: t, '
Town Clerk
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MAYO