HomeMy Public PortalAbout07/08/1983COMMISSION MEETING
JULY 8, 1983
A G E N D A
1.
Roll Call.
2.
Approval of Minutes of Cornnission Meeting June
10, 1983 and
Special Carmission Meeting June 14, 1983 and the Special Comm-
ission Meeting on Long Range Planning June 24,
1983.
3.
Financial Reports for the month of June, 1983.
4.
Police Report month of June, 1983
5.
Report from the Planning and Zoning Board.
6.
Resolution #83 -3, Dual Taxation.
7.
Resolution #83 -4, 2� Gas Tax.
8.
Dredging Report.
9.
Presentation by any Canai.ssion member of items
they may wish
to discuss.
10. PUBLIC REQUESTS or COn=S from the floor.
There will be a
Meeting of the Town Commission
of
THE TOWN OF GULF STREAM, FLORIDA
AT TI1E TOWN HALL
Friday, July 8 1983 , at 9:00 A.M.
Deputy Town Clerk.
CamiSSION MEETING
July 8, 1983
Present: William F. Koch, Jr., Mayor
Brian Pfeifler, Commissioner
Alan I. Armour, Commissioner
Robert J. Dixson, Commissioner
Absent: Joel Hunter, Vice Mayor
Also Present: Town Attorney John Randolph, Town Manager William Gwynn,
Planning Board Chairman William A. Mayer, Sgt. Earl
Johnson, Police Department, Town Clerk Barbara G yrni,
Secretary Cynthia Harms.
The meeting was called to order at 9:00 A.M., and roll call was taken.
Potion was made and seconded to approve the minutes of the Commission
meeting of June 10, 1983, Special Commission Meeting of June 14, 1983,
and Special Commission Meeting on Long Range Planning of June 24, 1983.
Motion passed. Before approval, Commissioner Dixson asked to further
clarify the minutes of the Commission Meeting of June 10, 1983 in regard
to Land Ventures, Ltd., and stated that he had distributed to the
Commissioners, Planning Board Members and Town Attorney a supplement
to the conditions which he would like to have included in the minutes.
Town Attorney Randolph stated that it was his understanding that an
agreement was to be prepared which would be recorded in the County
Court House, which would run with the land, and which would incorporate
the various items that had been discussed. There was much discussion.
Commissioner Dixson asked that for the sake of the record that there be
included in the minutes the draft of the material that was submitted to
all members as previously stated, dated June 17, 1983. It was agreed
by all Commissioners that said material be added to the minutes.
Also, in regard to page 2, paragraph 5, CanTLissioner Dixson stated that
this paragraph does not set forth the entire agreement between the
Commissioners and the proponent, and should be supplemented with this
sentence: "In answer to a further question by Commissioner Dixson,
the proponents stated unequ vocably that they will not in the future
subdivide." The minutes merely reflect that it is not their then
existing plan or intent. This was in the form of a clear commitment
on the part of the proponents that they would not subdivide. That was
very clearly understood.
Commissioner Armour asked for clarification when this agreement would
be signed and the building permit obtained. Corenissioner Dixson stated
that the matter would be clarified when the Commission receives the
report from the Planning Board, since there is now a third site plan
being submitted.
At this time the roll was called to the motion.
Commissioner Armour made the motion to accept the minutes as ammiended.
Motion passed.
Commission Meeting
July 8, 1983
Page 2
Town Manager Gwynn presented the Financial Report for the month of
June, 1983. This report is made a part of the minutes. Motion was
made and seconded to approve said report. Motion passed.
In the absence of Chief Greer, Sgt. Earl Johnson, who has recently
joined the Police Department, presented the Police Report for the month
of June, 1983. This report is made a part of the minutes.
Mr. William Mayer, Chairman of the Planning Board presented the following
matters which had been brought before the Planning Board:
The site plan for MR. MARTIN O'BOYLE, Lot 5, Hidden Harbour, which
had been approved by the Planning Board. Also, the plans for the
drainage of the swimming pool had been approved. Motion was made
and seconded to approve the site plan. Motion passed.
Mr. Mayer presented the site plans for Sur Le Mar, and suggested that
these plans supercede the other two sets of plans that had been
submitted. The other two sets of plans will be withdrawn and the
present set of plans will be the only ones that a permit will be
issued on. Motion was made and seconded to approve the plans,
which will be subject to all of the conditions in the agreement
previously noted in the minutes. Also, that the other two site
plans will be withdrawn and cancelled. Motion passed.
At this time, Commissioner Dixson reviewed the facts in detail and
stated that they are now approving a multi- family dwelling of three
stories, containing seven units, which was never envisioned when the
property was originally sold, and departs from the understanding that
they had at that time that there would be four individual units. The
approval now was never envisioned when the property was originally
acquired by these people, and stated that if he had the right within
the law to vote disapproval, he would do so. However, the plan does
comply with the Ordinance, and he was sorry to see the multi - family
dwelling being built. He then asked the present owners a number of
questions regarding sale of the property.
Mr. Mayer presented the site plan for MR. GEORGE VON ESSEN, Place
Au Soleil, regarding the moving of the water line which had been
approved by the Planning Board at their meeting on July 6, 1983.
The work is to be done at Mr. Von Essen's expense and there will
be a written agreement stating that the Town and Gulf Stream Golf
Club will be held harmless for any damages and will be free of any
expense. Mr. Earl Harvel stated that arrangements will be made with
the City of Delray Beach so that the Town will have water. Motion
was made and seconded to approve the site plan, subject to the
conditions regarding the pipe, and including the written agreement.
Motion passed.
Commission Meeting
July 8, 1983
Page 3
Mr. Mayer presented variance request of Mt. ROBERT w= ELT,
2765 Avenue Au Soleil, regarding building tennis court. Mr. Dittman,
Attorney, stated that at Town Attorney Randolph's suggestion, there
will be recorded a document supporting the improvements as
constructed, and in the event that that particular parcel is sold
separate and apart from the Place Au Soleil lots, that the improve-
ments would be removed. Motion was made and seconded to approve
the recommendation. Motion passed.
Mr. Mayer reported to the Commission regarding the maintenance
building drainage at Gulf Stream Golf Course. He stated that the
engineer had examined the plans and made a few suggestions, and
that Mr. Richard Hanna, Architect, had been at the Planning Board
meeting and concurred.
Town Manager Gwynn presented Resolution #83 -3, in regard to Dual Taxation,
which reads as follows:
A RESOLUTION OF THE TOWN CONIDITSSTDN OF THE TOWN OF
GULF STREAM, FLORIDA IDENTIFYING SERVICES RENDERED BY
PALM BEACH COUNTY WHICH PROVIDE NO REAL AND SUBSTANTIAL
BENEFIT TO PROPERTY OF RESIDENTS WITHIN THE TOWN OF
GULF STREAM AND WHICH ARE FINANCED FROM COUNTYWIDE
REVENUES AND AD VALOREM TAXES; PETITIONING THE BOARD OF
COUNTY CWMISSIONERS OF PALM BEACH COUNTY, FLORIDA, TO
DEVELOP APPROPRIATE MECHANISMS TO FINANCE SUCH SERVICES
PURSUANT TO SECTION 125.01 (6) (a) and (7) FLORIDA STATUTES
DIRECTING THE TOWN CLERK TO TRANSMIT A CERTIFIED COPY OF
THIS RESOLUTION TO THE BOARD OF COUNTY COMNLISSIONERS OF
PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.
Notion was made and seconded to approve said Resolution. Motion passed.
Town Manager Gwynn read a letter which he had just received from Arthur
Strock & Associates, regarding the canal dredging project, permit
processing status, additional Department of Environmental Regulation
requirements, and costs. It is expected that the permits will be
obtained and construction started no sooner than September 15,1983.
They were advised of additional information needed, and the additional
costs as follows:
Permit application required by the Department of Environmental
Regulation to process the application $1,000
Topographic survey and required drawings by D.E.R. 3,000
Water quality sample and laboratory analysis 2,300
Engineering fees for completion and submittal of data
(additional permits and sketch details requested by DER) 1,200
Total $7,500
Commission Meeting
July 8, 1983
Page 4
There was discussion regarding the extra costs that are now being charged,
and Town Manager Gwynn will arrange to meet with Arthur Stock & Associates
early next week. Motion was made and seconded to authorize the expenditure
of $7,500, subject to negotiation. Motion passed.
Town Attorney Randolph presented a draft of the Emergency Medical Agreement
between City of Delray Beach and Town of Gulf Stream. He stated that he
had attended a meeting with Herb Thiele, Attorney for the City of Delray
Beach. The basis of the figures have been negotiated at administrative
meetings which have been previously held. This is in regard to the City
of Delray Beach supplying emergency equipment when necessary. There was
discussion regarding wording of the agreement on some of the items, as
follows, which Attorney Randolph will discuss further with the City of
Delray Beach:
Final and ultimate decision as to whether or not it is a life threatening
decision must be made by Delray Beach.
Hold harmless the City of Delray Beach for their failure to respond.
City of Delray Beach will provide the Town of Gulf Stream the same
service that they provide the City of Delray Beach.
Termination clause -- either party will have the right to terminate
the agreement on six months' notice.
This agreement will be presented at the Delray Beach Council Meeting on
Tuesday, July 12, 1983 for approval, and Mayor Koch stated that he planned
to attend. Motion was made and seconded to approve the agreement with the
changes which Attorney Randolph will attempt to achieve, but failure to do so
will not hinder the signing of the agreement. Motion passed.
ComnissionaArmour asked whether additional insurance will be necessary
for the liability. Attorney Randolph stated that the City of Delray Beach
will have to be named an additional insured on the policy. Town Manager
Gwynn stated that it has already been done on a temporary basis, but it
will have to be amended.
Mayor Koch reported that he had been in contact with County Commissioner
Dorothy Wilken regarding an Inter -local Agreement with the Cities having
Reserve Areas -- Town Attorney Randolph explained that the reserve area is
defined as an area that would be reserved in the Master Plan to annex into
the Town. Mayor Koch stated that the Town would have the control of the
zoning in that particular area, and that it would be necessary to amend the
Master Plan. Discussion followed. Mayor Koch requested Town Attorney
Randolph to advise Commissioner Dorothy Wilken that the Town of Gulf Stream
is interested in said matter.
Discussion of the proposed budget followed. Commissioner Dixson stated that
he had prepared a list of proposed items and enumerated them, among which %ere:
paying off present bank loan, Phipps property, and improvements to Town Hall.
Commissioner Pfeifler stated that there should be some decision on the payment
for the dredging, and much discussion followed. Town Attorney Randolph
Commission Meeting
July 8, 1983
Page 5
advised that the only items to be included in the bond issue would be
capital improvement items.
Town Attorney Randolph suggested that the Town should consider hiring
a Financial Consultant, and the items that are of primary importance
should be listed, because it may be necessary to have two different
types of funding -- an assessment bond issue and a long term capital
improvement bond.
Ccnmiissioner Pfeifler stated that it was his thought that the full Board
should be present to vote on this issue, and it was decided to contact
Commissioner Hunter to return to Florida.
Town Manager Gwynn advised that it is necessary to schedule a meeting
on the budget because they mast respond to the Property Appraiser of
Palm Beach County. Therefore, Monday, July 18, 1983, at 4:00 P.M. was
set for the budget meeting.
The subject of the Financial Advisor or Investment Banker was again
discussed, and it was decided that Town Manager Gwynn is to contact
William Huff & Co. (Tony Severio) to negotiate with him and request
him to attend the meeting.
There being no further business to cone before the meeting, same adjourned
at 10:20 A.M.
Barbara Gwynn
Town Clerk
JOHNSTON, SASSER, RANDOLPH & WEAVER
ATTORNEYS AND COUNSELORS AT LAW
310 OKEECHOBEE BOULEVARD
WEST PALM BEACH, FLORIDA 33402
HARRY A. JOHNSTON n P.O. BOX M
DONALD J. SASSER
JOHN C.RANOOLPH
H. ADAMS WEAVER
MAUREEN A.HACKETT
July 25, 1983
Barbara Gwynn, Town Clerk
Town of Gulfstream
246 Sea Road
Gulf Stream, Florida 33444
Dear Barbara:
HENRY F. LILIENTHAL
1902 -1992
OF COUNSEL
HARRY ALLISON JOHNSTON
(305) 65S-0108
I have reviewed the minutes of July 8, 1983 and approve same
except for the notation I have made on the first page.
Very trul yours,
nRandolph
JCR :dm
RESOLUTION #33 -3
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA IDENTIFYING SERVICES RENDERED BY
PALM BEACH COUNTY WHICH PROVIDE NO REAL AND SUBSTANTIAL
BENEFIT TO PROPERTY OF RESIDENTS WITHIN THE TOWN OF
GULF STREAM AND WHICH ARE FINANCED FROM COUNTYWIDE
REVENUES AND AD VALOREM TAXES; PETITIONING THE BOARD OF
COUNTY CONPLLSSIONERS OF PALM BEACH COUNTY, FLORIDA, TO
DEVELOP APPROPRIATE MECHANISMS TO FINANCE SUCH SERVICES
PURSUANT TO SECTION 125.01 (6) (a) and (7) FLORIDA STATUTES
DIRECTING THE TOWA7 CLERK ID TRANSMIT A CERTIFIED COPY OF
THIS RESOLUTION 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 residents in the unincorporated area of the County; and
WHEREAS, the Florida Supreme Court has determined the provisions of 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 facilities 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 procedures for
the governing body of a municipality to petition the board of county com-
missioners 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 taxing unit, special district, unincorporated area,
service area, or program area, for countywide services, programs and projects; and
WHEREAS, the Town of Gulf Stream has conducted a study which identifies and
itemizes services rendered by Palm Beach county, financed by countywide revenues
and ad valorem taxes, and which provide no real and substantial benefits to
residents and taxpayers of the Town of Gulf Stream, NOW, THEREFORE,
BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
FLORIDA
Section 1. That pursuant to Section 125.01 (6) (a) Florida Statutes, the
following services are hereby identified to the board of 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 within the Town of Gulf stream, Florida and therefore should
continue to be financed from unincorporated revenues.
A. Municipal Service Taxing District
Administration
B. Building
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. Abandoned Auto Disposal
N. County Fire Control
O. 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 ares of the County, and /or as being of
no real and substantial benefit to property or residents located within the Town
of Gulf Stream although financed from countywide 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; Administration;
Construction Coordination; Survey; Design; Land
Acquisition; land Development; Traffic Control; Signage;
Striping and Drainage; including all direct and
indirect administrative and overhead expenses.
D. Parks and Recreation Department construction and
maintenance of Neighborhood Parks and recreation areas
including all direct and indirect administrative and
overhead expenses.
E. All expenditures including direct and indirect administrative
and overhead expenses of the Transportation Authority (COTRAN)
that do not relate to the provision of service in the immediate
Gulf Stream, Highland Beach and Ocean Ridge areas.
Section 3. That the Board of County Commissioners of Palm Beach County, Florida,
is hereby petitioned to develop appropriate mechanisms 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 residents within the
Town of Gulf Stream.
Section 4. The Board of County Commissioners of Palm Beach County, Florida, is
further petitioned to utilize to the extent necessary, Florida Statute 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 the Town of Gulf Stream the amount of taxes, service charges
and /or other revenues paid by residents and taxpayers of the Town of Gulf Stream
as well as all other revenues excepting those revenues obtained specially from or
on behalf of a municipal service taxing unit, special district, unincorporated
area, service area, or program area, as set forth in Florida Statute 125.01 (7), to
the extent untilized to finance services identified in Sections 1 and 2 of this
Resolution, for Fiscal Year 1983 -84, 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 certified 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 COMMISSION OF THE TOM OF GULF STREAM, FLORIDA THIS
DAY OF , 1983.
Ltl�/� �I �
MAYOR
ATTEST:
TOWN CLERK