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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