HomeMy Public PortalAbout09/10/1982e
There will be a
Meeting of the Town Commission
of
THE TOWN OF GULF STREAM, FLORIDA
AT THE TOWN HALL
Friday, Septenber 109 82 , at 9:00 A.M.
Deputy Town Clerk.
A G E N D A
COMMISSION =ING
SEPTE MER 10, 1982
1. Roll Call.
2. Approval of Minutes for the Regular Commission Meeting July 9th,
the Special Budget Wrokshop Hearing, July 9th and the Special
Budget Meeting July 19, 1982
3. Financial Reports for the month of July and August, 1982.
4. Police Report.
5. Second and Final Reading of Ordinance #82 -2. Amending Chapter 6
of the Code of Ordinances Relating to Flood Control.
6. Variance Request from Mr. and Mrs. August Urbanek. To add a 12' fence
around a proposed tennis court. Present height restriction for a fence
is 6'.
8. Resolution 82 -7. Couble Taxation Resolution as suggested by Kelton &
Associates, Inc.
9. Consideration of Petition re: Cardinal Circle as a one -way Street.
A Resolution of approval will be drawn up authorizing the Police
Department to take appropriate action.
10. Fairbank Cable of Florida Inc. request for a rate increase.
11. One -half cent sales tax distribution review.
12. Presentation by a Commission member of items they may desire discussion or
consideration.
13. PUBLIC REQUESTS OR COMMENTS from the floor.
COMMISSION MEETING
SEPTEMBER 10, 1982
#�
JOEL HUNTER
ROBERT J. DIXSON
ALAN I. ARMOUR
BRIAN 71'
MAYOR
VICE 14AYOR
COMMISSIONER
A4N M • �'
Also Attending: Town Manager William E. &yrni; Town Clerk Barbara Gwynn;
Attorney John Randolph; Police Chief Greer; Assistant
Town Clerk Nancy Adams; residents of the Town of Gulf
Stream.
The meeting was called to order by Mayor Koch at 9:00 a.m.
The minutes of the Regular Conission Meeting on July 9, 1982 were app-
roved. The minutes of the Special Workshop Hearing on July 9, 1982 were
approved as amended:
Page 2 - paragraph 2 - last line, after "Budget year." - add
(This study has now been completed and found not to be feasible.)
Commissioner Dixson however expressed his opposition to a 7�%
proposed tentative increase insisting that provisions should be
made in the proposed budget for a 10% base salary increase.
Page 2 - paragraph 4 - add to that paragraph "However, Commissioner
Dixson said he voted in favor or only the procedural aspects of
the decision but was opposed to any base salary increase of less
than 10 %."
The Special Budget Meeting minutes of July 19, 1982 were approved.
The Financial Report for the months of July and August 1982 were approved.
Mr. Gwynn informed the Commission that the open note at the Barnett Bank
that is renewed annually came due the end of July and the new note was
submitted with an interest rate of 9�%. Motion was made and approved that
Mr. Gwynn be given authorization to negotiate the note at the best terms
available which negotiations shall include a commitment of the Town's
total accounts and report back to the Commission.
Chief Greer presented his Police Report. A copy of which is attached to
the minutes.
Mr. Gwynn presented Ordinance #82 -2 for the second and final reading
amending Chapter 6 of the Code of Ordinances relating to Flood Control.
Motion was made and passed to adopt Ordinance #82 -2.
ORDINANCE #82 -2
AN ORDINANCE OF THE TUNN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, AMENDING CHAPTER 6 OF THE CODE
OF ORDINANCES RELATING TO FLOOD CONTROL BY AMENDING
SECTION 6 -22 THEREOF TO PROVIDE AND DEFINE THE AREAS
OF SPECIAL FLOOD HAZARD IDENTIFIED BY THE FEDERAL
" N
E M E R G E N C Y r " " N 7 f 1 7 1 A G E N C Y T H R O U G H
1 7 1 1 A N D E N G I N E E R I N G R E P O R T 7 1 7 1 1
" T H E F L O O D I N S U R A N M S T U D Y F O R T H E T O W N O F
C 1 " 7 1 1 1 A C C O M P A N Y I N G
F L O O D I N S U R A N C E R A T E M I " " P R O V I D I N G F " "
S E V E R -
1 P R O V I D I N G F " ' C O D I F I C A T I O N ; P R O V I D I N G
F O R E F = I V E D A T E .
T h e V a r i a n c e r e q u e s t b y M r . R o b e r t D i t t m a n t o c h a n g e h i s r e a r y a r d s e t b a c k
r e q u i r e m e n t s f r o m 1 5 ' o r 1 5 % w h i c h e v e r i s g r e a t e r t o 1 2 1 w a s a p p r o v e d b y
t h e C o m m i s s i o n .
M r . & M r s . A u g u s t U r b a n e k ' s V a r i a n c e r e q u e s t t o a d d a 1 2 ' f e n c e a r o u n d a
p r o p o s e d t e n n i s c o u r t w a s a p p r o v e d b y t h e C o m m i s s i o n s u b j e c t t o t h e c o n d i -
t i o n t h a t t h e f e n c e i s l a n d s c a p e d w i t h s u i t a b l e p l a n t i n g s a n d t h a t l i g h t s
w o u l d n o t b e p e r m i t t e d . T h i s i s t o b e n o t e d o n t h e p e r m i t .
M r . G w y n n r e a d R e s o l u t i o n 0 2 - 7 r e g a r d i n g D o u b l e T a x a t i o n a n d i t w a s a p p -
r o v e d a n d a d o p t e d w i t h t h e d e l e t i o n o f t h e w o r d " B u i l d i n g " o n p a g e 2 .
R E S O L U T I O N # 8 2 - 7
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I F B E A C H C O U N T Y , " " 1 1 " P R O V I D I N G
��D A D A T E :
M r . G w y n n p r e s e n t e d t h e P e t i t i o n f r o m t h e P l a c e A u S o l e i l A s s o c i a t i o n , I n c .
p r o p o s i n g C a r d i n a l C i r c l e a s a o n e - w a y S t r e e t f o r t h e p u r p o s e o f s a f e t y o f
t h e p e d e s t r i a n a n d m o t o r i s t s o n t h e c u r v e . T h e C o m m i s s i o n a p p r o v e d t h i s o n
f i r s t r e a d i n g a s O r d i n a n c e # 8 2 - 3 w i t h t h e c o r r e c t i o n o f w e s t e r l y a n d n o r t h e r l y
t o b e r e f l e c t e d i n t h e s e c o n d r e a d i n g .
O R D I N A N C E # 8 2 - 3
A N O R D I N A N C E O F T H E T O W N O F G U L F S T R E A M , F L O R I D A
P R O V I D I N G T H A T C A R D I N A L C I R C L E , A S T R E E T W I T H I N
T H E T O W N B E M A D E A O N E W A Y S T R E E T G O I N G W E S T E R L Y
A N D N O R T H ; A U T H O R I Z I N G T H E P O L I C E D E P A R T M E N T O F
T H E T O W N O F G U L F S T R E A M T O P O S T T H E N E C E S S A R Y
S I G N S ; P R O V I D I N G A N E F F E C T I V E D A T E .
M r . B i l l A t t e r b e r y a p p e a r e d b e f o r e t h e C o m m i s s i o n r e p r e s e n t i n g F a i r h a n k C a b l e
o f F l o r i d a , I n c . r e q u e s t i n g a r a t e i n c r e a s e i n t h e s e r v i c e c h a r g e f r o m $ 7 . 5 0
r t o $ 8 . 9 5 m o n t h l y a n d f o r a n i n c r e a s e i n t h e c o n n e c t i o n c h a r g e f r o m $ 1 5 . 0 0 t o
1 ' , - $ 2 5 . 0 0 b a s e d o n i n f l a t i o n a r y c o s t s b e y o n d t h e c o n t r o l o f L e a d e r s h i p .
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The Commission discussed several items of disatisfaction with Leadership and
offered suggestions they felt would bendfit the company and the Town in the
l future and requested that Mr. Strickland be present at the second reading.
Motion was made and passed to adopt Ordinance #82 -4.
ORDINANCE #82 -4
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A letter from the City of Daytona Beach in regard to the one -half cent sales
tax distribution was discussed. This letter is a part of the minutes. Att-
orney Randolph advised the Commissioners that he does not agree with the way
they are handling this problem and that it should be done on a local level
and not at the state -wide level. The Ccnmissioners agreed and felt a letter
should be sent to the City stating that they are interested and to keep then
advised, however they do not wish to participate at this time.
Commissioner Armour announced that he had received $3,285.00 in checks thus far
in the dredging of canals project and suggested that the Commission approve his
contacting the Shalloway Co. for the survey of the canals. Total cost of the
initial survey is $3,650.00 and he said he is expecting to reach the total. The
Commission moved to authorize Ca[missioner Armour to contact the Shalloway Co.
and Commissioner Armour said he would prepare all the work and have it ready
for the next meeting.
Mr. Preiditsch also suggested that the blow -out valves on every water line should
be blown out on a regular basis once a year. The Commission agreed and stated
that Mr. Harvel will be contacted and instructed to see that this is done.
Mr. Preiditsch also informed the Commission that Place Au Soleil residents have
been experiencing power failures, four in the last few months and asked that
the Mayor contact Florida Power and Light. After a general discussion, Mr.
Dittman explained that new underground lines are being installed on the north
side of Place Au Soleil in order for the residents to have better service.
Commissioner Armour stated that he was concerned regarding the beautification of
the Town Hall. Discussion was held and it was decided that Mr. Boucher and Mr.
Wetzell should be contacted and the Commission should receive plans of the pro-
ject before the season begins.
Commissioner Dixson submitted his list of suggestion for various town improve-
ments re: roads, parametics, etc., to Commissioner Pfeifler. This list is a part
of the minutes. It was suggested that a broader and representative participa-
tion be developed in the comnittee be set up to steer projects that are needed
and that the whole cm minty be involved not only the Commission.
COMMISSION MEETING
SEPTME ER 10, 1982
PAGE 4
On the subject of Commissioners attending Board meetings, the Commission
discussed the subject at length and no policy decision was made.
Discussion was held on the 8th Street Bridge and Mayor Koch explained that
the City of Delray has now been deeded the roads which includes the Bridge.
The City said it was the County's responsibility and the Mayor said they
should work together with the State Road Department and have the State Road
Department take over.
Attorney Randolph stated he had had meetings with several cities and att-
orneys regarding the Road and Bridge Fund. He said the Town of Palm Beach
has hired a consulting attorney to file suit in its behalf and it will be
filed prior to September 30 and in order to get in on this tax year, he said
he is going to file the suit for the past four years, including the next
tax year making a potential recovery for the Town of $30,000.00 to $40,000.00.
He said they have hired Kelton & Association to handle this. The Town of
Gulf Stream's cost would be $1,000.00 to $2,000.00 plus attorney's fees.
Commissioner D:xson moved for the Town to be involved in the suit. Comm-
issioner Armour seconded and the motion was passed unanimously.
There being no further business, Mayor Koch adjourned the meting at 11:30 a.m.
it '
A
Barbara Gwynn, Town Jerk '
I�1 1
N7i • ; I. 2I' 1
eiD
Vice Mayor - Hunter questioned the letter from Attorney Randolph to Mrs. Gwynn
regarding Courdssioners attending the Planning Board meetings. Commissioner
Pfeifler said he felt that a decision had been made at the last meeting that
the Planning Board should work independently and the Commission members should
not attend such meetings. Discussion was held by the Commissioners and Attor-
ney Randolph stated that there should not be two or more members of the Comm-
ission at any Board meeting unless the meeting has been advertised. He stated
that it is a matter of policy to be determined by the Commission as to what it
wants to follow regarding the attendance of Commissioners at such meeting.
There is no set guide lines or case law that he is aware of that says a Comm-
issioner cannot attend a meeting of a Board of the Town of which they are not
a member.
In some municipalities he said they have established policies where the Cann -
ission members do not attend Board meetings because they want to be independ-
ent of that Board and if it is a Board making advisory opinions or recannenda-
tions back to than, they would not have been influenced previously. Vice
Mayor:._: Hunter asked if this is a matter of stated policy? Attorney Randolph
said in two instances, one- it's a matter as stated, in two other instances, it
just occurs that way, none of the Commission members attend. There is no legal
impediment to a member of a Comnission attending such a Board. The thing that
came up at the last meeting was, what would happen if there was a law suit at
a later tine, would there be any detriment to cause to the Commission in inact-
ing sarething where a member of the Commission had been involved in the recann-
endation that had been made by the Board, he couldn't state definitively whe-
ther it would hurt, it is allegations which could be raised by someone at a
( later time in a law suit, they could state that it was the Comni.ssion that was
acting because a Commission member contributed to the recommendation to the
Commission itself, he has not seen a case like that, but it is a question
that could be raised. In summary, there is no legal impediment to it, there
would be perhaps a problem if two or more members of the Commission took part
in the meeting of a bodyP%n arm of the Comnissi.on and it is strickly a
matter of policy for the Cam mission to determine.
Vice Mayor Hunter asked Mayor Koch his arguments against a Commission member
attending Planning Board meetings and Mayor Koch said, ashy have a Planning
Board, an independent Board to come in with recammsendations to the Comaission,
if one or two Commission members are there discussing with them and making
suggestions?"
Commissioner Dixson said, not as a Commissioner, he provides his opinions as
a private citizen and the record is very clear, that he is appearing as a
private citizen and not a representative of the Commission.
Mayor Koch, - by a Commission attending the Planning Board meeting, it does not
let the Board have a free hand. The Hoard cares in to the Commission, they
present their ideas, and at that time the Commission will have the opportunity
to put in their suggestions and make a decision, that is why they have inde-
pendent Boards, He stated he does not know any other municipalities or county
where Commissioners or governing bodies participate in any of their Boards.
CODVISSION DEMING
SEPTEMBER 10, 1982
PAGE 5
Commissioner Dixson explained that approximately two years ago, the need for
C revision of the Zoning Ordinance was raised and the Commission appointed him
as a committee together with two other men, that oamni.ttee functioned in colla-
boration with Gene Caputo and John Randolph. The original product of that de-
liberation was the recammrendation of Ordinance 82 -4 that was adopted by this
Commission. Then the second phase which should have been included in the first
phase on advise of cousel, for various reasons it was decided to do it on a
phase basis. The second phase is that which is now in procedure and that sec-
ond phase has now been worked on by John and Gene. It was then pointed out by
the Mayor that the matter should now fall in the hands of the Planning Hoard.
He explained it has been completely and totally referred to and acted of by the
Planning Committee in colaboration with the Town Clerk, Gene Caputo and John
Randolph. They have now produced one doctmmt which was sent to him, which he
reviewed and which he then submitted his opinions and suggestions for whatever
they were worth and then left the meeting. He said he has not been present at
any meeting involving deliberations or consultations in regard to any agenda
matters, the normal agenda matters of the Board. It was his opinion in the
second phase that because of the extent of the work and the extent of contribu-
tions made, and perhaps because he had been the generator of the project in
the first instance, that these opinions and these ideas which he has, might
be of some use to the Cammission and to the Council and to the planning expert
in developing the material which is now under consideration. He explained he
has no power of decision, no power to influence the Commission. The Commiss-
ion is on its own completely and totally, and if they care to utilize the bene-
fits of his experience over 40 years, they are at.liberty to do so, however, if
C it is their judgement that because of this ellusive and etheral idea they have
that someway, sanehow, the integrity of the end product of this project will be
jeopardized because of his pressure, he believes they are unqualifiably wrong.
He said "You are dening this community the benefits of the views and experience
of a volunteer which is willing to provide the community."
Mayor Koch stated that anything he can put into this, he will get a change to,
when it cares to the Commission. Mr. Dixson disagreed, feeling it will be
hurriedily approved.
Commissioner Pfeifler took exception to same of the things said by Carmiss-
ioner Dixson. He explained that when he was the head of the Planning Board,
when the initial survey started, it was his understanding that the Planning
and Zoning Board, and that Mr. Dixson was sitting as a representative of the
Commission in the first phase. Camnissioner Pfeifler said he agreed with
the Mayor that the operation was run not by the Board, but by Mr. Dixson. Mr.
Dixson made the contact and employed Gene Caputo, numerous times called meet-
ings and had him appear at meetings, not through the Board but on his own
decision, and he is under the opinion and agrees with the Mayor it should be
independent. Any input Mr. Dixson has or the people on the Board have should
be made at the time it comes for recommendation from the Planning & Zoning
Board. That's not to say you won't have your i+ut oranybody else won't have
their input.
Mayor Koch said there is nothing wrong with what Commissioner Dixson comes
up with.
Commissioner Dixson stated he will appear in any case.
CODM4ISSION MEETING
SETT SER 10, 1982
PAGE 6
Mayor Koch said he can put his input into the project when they have the
hearings. There will be a special hearing on the changes and that will be
the proper time for Commissioners input. He said, "If we are going to have
the Boards, the Board should be independent, or what is the sense in having them."
Mr. Dixson stated it is independent.
Mayor Koch said that is a matter of opinion, and again expressed his feel-
ings that it is not right for him to attend the Planning Board meetings.
Vice Mayor Hunter said he agreed with the Mayor that there is not much point
in having Boards and then the Commission going and doing the work or influen-
cing the Board. On the other hand, he felt it was a pretty formal approach
and if the Commission has talent in the Town, ability and willingness to work
and has the ability - his is a dominant personality and is undoubtedly lead-
ing this Board - we wanted him originally to lead the work didn't we?
Mayor Koch said originally it was for the codification of the Town Ordinance
and with his legal background, this is what they needed; his expertize and it
wasn't really a committee.
Mr. Dixson said it was Brian, himself and Caputo.
Mr. Dixson said it was not a codification, what they did in the first phase
was to tighten up an Ordinance, which is what he said in the vernacular,
"You could drive a team of horses through it for years." The Ordinances
were totally unsatisfactory, it was an upgrading and Brian was present at
all the meetings and Caputo.
Mayor Koch said he wanted it settled and thought it wrong for Mr. Dixson to
attend the Board meetings. "He can have all the input he wants in anything
that they do and turn out -send out -mail out to the Commission anything that
canes to the Commission. Then he can put his thoughts into it."
Mr. Dixson stated he will not dump the project after pouring so much effort
into it.
Mayor Koch asked if Mr. Dixson felt the Board wasn't capable of doing the
work? Mr. Dixson replied, "Of course they are capable."
Vice Mayor Hunter said if Mr. Dixson wanted to go to these meetings knowing
that there's a substantial body of opinion who oppose it, that's up to him.
Commissioner Dixson said he is going as a private citizen.
Vice Mayor Hunter felt the Commission shouldn't vote on whether Mr. Dixson
should attend the Board meeting. He is not going to say don't go, and he
is not going to say go either.
Commissioner Dixson felt it should be the judgement of the Planning Commission.
He said he is not going to be an intruder, but said if you want to throw away
competence and ability, and he is saying this in all humility, that's up
to the Commission.
COMMISSION MEETING
SEPTEMBER 10, 1982
PAGE 7
Mayor Koch said he feels they are not throwing away competence and ability,
they may all have it.
Commissioner Dixson said they will be better prepared to consider the pro-
duct of the Planning Committee with the input and collaboration from him.
At the time you will be working over the details, with the presence of the
Planning Board members and they will have to make up their minds that this
will be a shirt sleeve operation over a period of time so that you get a
full and total grasp of what has been done, and out of this has grown the
needRSlohn Randolph pointed out in the very beginning a need for a revi-
sion of the Comprehensive Plan, because the material that is now being
created must be totally consistant with the Comprehensive plan, and the
Comprehensive Plan has to be amended to meet the provisions of new work
that is being created by John and Gene.
Mayor Koch said he realizes that - we all know that.
Commissioner Armour asked what has to be done when this work is finished?
Mayor Koch said they are going to make some recommendations to change some
zoning-
Mr. Dixson said "Right".
Mayor Koch said when it has been presented to them, they will have a special
meeting. The other is what zoning is going to take place, if any?
Commissioner Dixson said he was at the meeting a short period of time because
he had another meeting to attend. He left all the marginal notes and all of
the ideas having gone over the plan worti for worsll taking about six hours,
with the Chairman and with Gene to do with as they pleased. He is not say-
ing you do this or that, or you shouldn't do this, but here's an idea you and you
do with that idea you think best.
Mayor Koch, "That's the time you should spend on your idea up here ".
Mr. William Mayer said Mr. Dixson has not influenced them in any way, he
has made suggestions, some of which we like, many they decided to leave as
is at the last meeting.
Mayor Koch said that "fine ", but still felt a member of the Commission should
not attend the Board meeting.
Mr. Mayer said they accept his suggestions and listen to it and then decide
whether we want to do this or that we might even change his suggestions
which we have.
Mr. Preditsch asked if there was anyway to find out how match empty land is in
Gulf Stream? Mayor Koch and Mr. Dixson said we have all that information.
Mr. Dixson said Barbara has the map.
COMMISSION =ING
SEPTEMBER 10, 1982
PAGE 8
Ccnraissioner Armour stated they are not going to solve anything and Mayor
Koch said you know the feeling, and Conmuissioner Armour said the feeling
there.
Mr. Mayer wanted to say one thing - any member of the Commission is welcome
to any of their meetings.
Vice Mayor Hunter said he would hate to be foreclosed to come to a meeting.
Commissioner Dixson said "absolutely ".
Commissioner Dixson said what about a meeting of the Finance Committee or
Police Department? He said they had a meeting yesterday for two hours.
Town Manager Gwynn said they are welcome. Commissioner Dixson said they'd
be delighted to have them there. Commissioner Pfeifler said you can only
have one Commissioner.
Mayor Koch said, "All right, you know the feelings of the Commissioners ".
Commissioner Armour said he was town after hearing the elegant speech but
felt if a Commissioner should have undo influence over a committee, this is
wrong. Commissioner Dixson said he agreed with him completely. But Comn-
issioner Armour said they have to have enough condifence in the committee
Chairman that he will say, "Mr. Commissioner - your wrong. We don't want
you here, or that's a good suggestion."
Mr. Mayer said, "We're a small Town, always been a small Town, now we're
getting the attitude we're big time. We can't talk with our neighbors or
anything else. The whole idea of the Planning & Zoning Board revising all
the Ordinances is to make our Town just like we wanted it to be when we moved
here. There shouldn't be hard feelings with anybody or anything else. We
are one big happy Community, I hope. We want to have input from anyone who
wants to offer - it's their Town."
Commissioner Dixson asked John a hypothetical question - Let's take (a) ,
a member of the Commission, decided to come to listen to the Planning Comm-
ission proceedings? And then let's assume that (b) decides to come, and
let's assume the Planning Comnission askes both of their opinions on a
given subject. Is that a violation of the Sunshine Law?
Attorney Randolph said it is a potential violation. Someone could make an
allegation - two of you were at a meeting and discussed a certain item, that
would be particularly dangerous when it cones back to the Commission and you
vote on that item and it was discussed at the meeting the time the two of
you were present, and you enact that Zoning Ordinance, they could throw that
Zoning Ordinance out.
Commissioner Dixson said aan't the meetings of the Zoning Comnission pub-
licized and notice given to the press? Attorney Randolph said "yes ". Tech-
nically you have to advertise a Commission meeting if you are going to have
that.
(Please continue on page 4 after the first paragraph
for the conclusion of the Commission meeting.)
ORDINANCE NO. 82 -2
AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA, AMENDING
CHAPTER 6 OF THE CODE OF ORDINANCES
RELATING TO FLOOD CONTROL BY AMENDING
SECTION 6 -22 THEREOF TO PROVIDE AND DEFINE
THE AREAS OF SPECIAL FLOOD HAZARD IDENTI-
FIED BY THE FEDERAL EMERGENCY MANAGEMENT
AGENCY THROUGH A SCIENTIFIC AND ENGINEERING
REPORT ENTITLED "THE FLOOD INSURANCE STUDY
FOR THE TOWN OF GULF STREAM" DATED 9/30/82
WITH ACCOMPANYING FLOOD INSURANCE RATE MAPS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
i;STREAM, FLORIDA, as follows:
Section 1. Chapter 6 of the Code of Ordinances of the
Town of Gulf Stream relating to flood control is hereby amended at
I,
,Section 6 -22 to read as follows:
"Sec. 6 -22. Basis for establishing the areas of special
flood hazard.
The areas of special flood hazard identified
by the Federal Emergency Management Agency through
a scientific and engineering report entitled "THE
FLOOD INSURANCE STUDY FOR THE TOWN OF GULF STREAM,"
dated 9/30/82 with accompanying flood insurance
rate maps."
Section 2. 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 3. This Ordinance shall be codified and made a
part of the official Code of Ordinances of the Town of Gulf Stream,
Florida.
Section 4. That this Ordinance shall be in full force
land effect from and after its passage and approval according to law.
OF SEPTEMBER
,ATTEST
putt'
PASSED AND ADOPTED ON SECOND READING THIS 10th DAY
1982.
MAYOR
TowhNCle.rk --
0
RESOLUTION NO. 82 -7
A RESOLUTION OF THE TOWN CONI'IISSION OF THE TOWN OF
GULFSTREAM, FLORIDA IDENTIFYING SERVICES RENDERED
BY PALM BEACH COUNTY WHICH PROVIDE NO REAL AND SUB -
STANTIAL BENEFIT TO PROPERTY OR RESIDENTS WITHIN
THE 'TOWN OF GULFSTREAM AND WHICH ARE FINANCED FROM
COUNTYWIDE REVENUES AND AD VALOREM TAXES: PETITION-
ING THE BOARD OF COUNTY CONA'IISSIONERS OF PALM BEACH
(_'OIINIT, FLORIDA TO DEVELOP APPROPRIATE MECHANISMS
10 FINANCE SVGA S1gN10ES PURSUANT' '1O SW1'ION 125.01
(6) (a) and (7) FLORIDA S NrUIES; DIRHCl'ING '1'10 '1OWN
CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLU-
TION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE:
WHEREAS, ARTICLE VIII, Section 1(h) of the 1968 revision to the
Constitution of the State of Florida prohibits the taxation of
Property situated within municipalities for services rendered
by the County exclusively for the benefit of property or resi-
dents in the unincorporated area of the County; and
WHEREAS, the Florida Supreme Court has determined the provisions
Of the Article VIII, Section 1 (h) are self - executing; and
WHEREAS, the Florida Supreme Court has further interpreted the
aforesaid constitutional prohibition to extend to those facili-
ties and services which are of no real and substantial benefit to
Property or residents situated within municipalities; and
WHEREAS, Section 125.01 (6) (a), Florida Statutes, provides pro-
cedures for the governing body of a municipality to petition the
board of county commissioners for relief from above described
conditions; and
WHEREAS, Section 125.01 (7), Florida Statutes, requires Boards of
County Commissioners to expend all county revenues, excepting those
obtained specially from or on behalf of a municipal service tax-
ing unit, special district, unincorporated area, service area, or
Program area, for countywide services, programs and projects; and
WHEREAS, the Town of Gulfstream is conducting a study which will
identify and itemize services rendered by Palm Beach County, fin-
anced by countywide revenues and ad valorem taxes, and which pro-
vide no real and substantial benefits to residents and
Of the Town of Gulfstream THEREFOFE
NOW taxpayers
,
BE IT RESOLVED BY THE TOWN CONPTISSION OF THE TOWN OF GULFSTREAM,
FLORIDA
Section 1. That pursuant to Section 125.01 (6) (a) Florida Statutes,
the following services are hereby identified to the Board of County
Commissioners of Palm Beach County, Florida, as being rendered
Page 2
Resolution No. 82 -7
specially or exclusively for the benefit of property or residents in
the unincorporated areas of the County, and /or as being of no real
and substantial benefit to property or residents located within the
Town of Gulfstream, and therefore should continue to be finances from
unincorporated revenues.
A. Munici[xil Service Taxing DisLricL
Administration
C. Contractor's Licensing
D. Planning
E. Zoning
F. Board of Adjustment
G. Planning Commission
H. Examining Board
I. Building Board of Appeals
J. Building Code Advisory Board - Products
K. Lot Clearing
L. Fair Share ordinance - Municipal Service Taxing
District
M. County Fire Control
N. Engineering - Land Development
Section 2. That pursuant to Section 125.01 (6) (a) Florida Statutes,
the following services are hereby identified to the Board of County
Commissioners of Palm Beach County, Florida, as being rendered
specially or exclusively for the benefit of property or residents
,in the unincorporated areas of the County, and /or as being of no
real and substantial benefit to property or residents located with-
in the Town of Gulfstream, Florida although financed from county-
wide revenues.
A. All costs of Sheriff's Road Patrol including
related administrative and overhead expenses.
B. All costs of the Detective and Investigations
Division as provided by the Sheriff's Department
including related administrative and overhead
expenses.
C. All costs of services for the construction and
maintenance of local unclassified county roads and
bridges, such as subdivision streets, roads, bridges,
alleys, rights -of -way, easements, unpaved roads, and
shell rock roads; including Engineering; Administra-
tion; Construction Coordination; survey; Design; Land
Acquisition; Iand Development; Traffic Control;
Signage; Striping and Drainage; including all direct
and indirect administrative and overhead expenses.
I
Page 3
Resolution No. 82 -7
Section 3. That the Board of County Commissioners of Palm Beach
County, Florida, is hereby petitioned to develop appropriate mechan-
isms and take appropriate actions under the provisions of Section
125.01 (6) (a), Florida Statutes, to finance the aforesaid services,
facilities and activities from revenues other than those derived
from taxation, assessments, or service charges on property or resi-
dents within the Town of Gulfstream.
Section 4. The Board of County Commissioners of Palm Beach County,
Florida, is further petitioned to utilize to the extent necessary,
Florida Statue 129.021 to secure additional appropriate data from
various County Officers.
Section 5. The Board of County Commissioners of Palm Beach County,
Florida, is petitioned to return to the Town of Gulfstream the
amount of taxes, service charges and /or other revenues paid by
residents and taxpayers of the Town of Gulfstream as well.as all
other revenues excepting those revenues obtained specially from or
on behalf of a municipal service taxing unit, special distript,
unincorporated area, service area, or program area, as set forth
in Florida Statute 125.01 (7), to the extent utilized to finance
services identified in Sections 1 and 2 of this Resolution, for
Fiscal Year 1982 -83, and for each ensuing Fiscal Year, until such
time as alternate financing mechanisms have been implemented and
"double taxation" conditions have ceased to exist.
Section 6. The Town Clerk is hereby directed to transmit a certi-
'•fied copy of this Resolution to the Board of County Commissioners
of Palm Beach County, Florida.
Section 7. This Resolution shall take effect immediately upon
adoption
ADOPTED BY THE TOWN CONMIISSION OF THE TOWN OF GULFSTREAM, FUJRIDA
THIS 10th DAY OF SEPTEMBER , 1982.
ATTEST:
J
TOWN CLERK
i
I, Barbara Gwynn, Town Clerk for
the Town of Gulf Stream, Florida do
hereby certify that the above foregoing
(3 pages), is a true and correct copy of
Resolution No. 82 -7 passed and adopted
by the Town Commission of time Town of
Gulf Stream on he 10th day of September
1982
Barbara wyn -Town Clerk