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Home My Public Portal About11/14/1986COMMISSIONERS William F. Koch, Jr., Mayor Alan 1. Armour, Vice Mayor Robert J. Dlxson Brian Pfelfler James E. Cross TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA AGENDA TOWN COMMISSION MEETING NOVEMBER 14, 1986 1. Roll Call. 2. Approval of Minutes Commission Meeting October 3, 1986. 3. Financial Report. 4. Manager's Report Police Report Project Report Code Enforcement Report Planning and Zoning Report a. A request by Glenside Developers Inc. to build a single family residence on Tract 1 of Cecile M. Merritt Property Plat. Location of this property is in Driftwood Landing. b. A request by Mr. and Mrs. Rocco Auri, Lot 32 2570 Ave Au Soleil - for a variance to Section VII. K.1. of the Gulf Stream Zoning Ordinance reducing the side yard setback from the required 15 feet to 13 feet in order to construct a single family residence. Prior to 4/8/83 side yard requirement was 10 feet. 5. 1st Reading of Ordinance 86 -4 - Regarding renewal of Leadership Cablevision franchise. MAIL ADDRESS too SEA ROAD GULF STREAM, FLORIDA 33444 TEL, GULF STREAM 276-5116 Town Manager WILLIAM E. GWYNN Assistant Town Manager Town Clark BARBARA GWYNN Chief of Police JAMES GREER 6. Representative from Florida Power and Light Company regarding security lighting. Mr. Vic Arena, Marketing Manager. 7. Commission Comments /Recommendations 8. Public Comments /Requests 9. Adjournment. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS IN SEA ROAD WN Wllliam F. Koch, Jr., Mayor TO COMISSION N=ING GULF STREAM, FLORIDA Alan I Armour, Vice Mayor 73444 Robert J. DiRSOn TEL.: GULF STREAM Brian Pleifler MI(y][,n' S 2]65116 James E. Crass Town Manager WILLIAM E. GWYNN November 14, 1986 Assislanl Town Manager Town Clerk BARBARA GWYNN Chief of Police JAMES GREER Meeting called to order at 9:00 a.m. by Vice -Mayor Alan T. Armour, who presided at the meeting. 1. Roll call. Present: Alan T. Armour James E. Cross Robert J. Dixson Brian P. Pfeifler Absent: Also present William F. Koch John Randolph William Gwynn Barbara GAlynn James Greer Lou Sessa Clarence Sova William Mayer Richard Malmstrom Vice -Mayor Commissioner Cam-Lissioner Cacmissioner Mayor Town Attorney Town Manager Town Clerk Chief of Police Code Enforcement Officer Public Works Supervisor Chrnn., Planning and Zoning Board Chmn., Place Au Soleil Homeowners Asso. 2. After discussion about installation of security lights information not included in the October minutes and subsequent assurance by Mrs. Gwynn that Florida Power & Light were present to discuss the question, the Minutes of the October 3, 1986 meeting were approved on motion duly made and seconded. 3. Financial Report Mr. Gwynn gave the Financial Report for October, the first month of the fiscal year. On motion duly made and seconded the Commissioners accepted the report. Mr. Gwynn reported on pay scales for fiscal year October 1, 1986 to September 30, 1987, copy of which is attached hereto and made a permanent part of this record. This report was approved on motion duly made and seconded. ,,.4 TOWN OF GULF STREAM COMMISSIONERS PALM BEACH COUNTY, FLORIDA WILLIAM F. KOCH, JR. Mayor JOEL HUNTER, Vice Mayor ALAN I. ARMOUR ROBERT J. DI %BON BRIAN PFEIFLER November 5, 1986 The following pay scale is hereby adopted for the Fiscal Year 10/1/86 - 9/30/87 Chief Sergeant Patrolman Police Secretary Manager Sanitation Supervisor Sanitation Assistant Asst. Town Clerk Sanitation Driver Assistant Code Enforcement Officer 41,109 28,078 20,762 - 24,666 18,711 35,298 23,830 18,304 14,000 17,215 9,600 MAIL ADDRESS 246 SEA ROAD GULF STREAM, FLORIDA ]]444 TEL.: GULF STREAM 2765116 Town Manager WILLIAM E. GWYNN Town Clerk BARBARA GWYNN Chi.$ of Pollca JAMES GREER Town Commission Meeting MInutes November 14, 1986 Page Two 1'__j 4. Project Report. Chief Greer reported on the status of construction of the Police Headquarters. He stated that they have a check list of items left to be finished for the police department and town hall, and before final payment is approved the items on the list must be corrected. Code Enforcement Report. Mr. Sessa presented the building report for the month. Planning and Zoning Board Report. A request from Mr. and Mrs. Rocco Auri, Lot 32, 2570 Ave Au Soleil, to reduce the required side yard setback from 15 feet to 13 feet in order to construct a single family residence. Mr. Mayer, Chairman of the Planning and Zoning Board stated that the Board has approved the request. Mr. Richard Malmstrom, President of the Homeowners Association, Place Au Soleil, was present and granted approval. On motion made and seconded, approval was granted. Mr. Mayer also presented site plans for a single family residence to be built on Tract 1 of Cecile M. Merritt Property. Mr. Mayer requested a legal opinion from the Town Attorney to determine whether or not this Tract is in Driftwood Landing. He stated that the builder has met all requirements of the Town as well as requests by neighbors. After a general discussion by the audience and the builder, the Town Attorney stated that the Town has no legal grounds on which to oppose this request. The Commission on motion duly made and seconded approved Glenside Developers, Inc., request. 5. The following Ordinances were approved on FIRST READING. A public hearing with SECOND and FINAL READING will take place on December 5th, 1986. ORDINANCE 86 -4 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ESTABLISHING TERMS AND CONDITIONS FOR THE GRANTING OF A CABLE TELEVISION SYSTEM WITHIN THE TOWN. ORDINANCE 86 -5 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AWARDING A NON— EXCLUSIVE FRANCHISE TO FAIRBANKS COMMUNICATIONS, INC., D /B /A LEADERSHIP CABLEVISION, TO OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE TOWN OF GULF STREAM. Town Commission Meeting Minutes November 14, 1986 Page Three 6. Appearance by Florida Power and Light regarding security light installation. After a discussion with Florida Power and Light representatives by the audience and the Commission, it was decided that the resident requesting said installation will get the approval of neighbors, Florida Power and Light will notify the Town of said request and will send the Town a copy of the agreement between the homeowner and the neighbors. 7. Palm Beach Marathon. Mr. Carl, appearing for the Marathon, requested permission to have a part of the northbound lane of AlA blocked off on February 21, 1987 between the hours of 8 a.m. and 10:30 a.m. for purposes of the marathon, which is to benefit the Easter Seal fund. After a dis- cussion, the Commission approved the request and appointed Chief Greer to handle the details with Mr. Carl. The marathon organization plans to deliver information about the race to everyone along the course. 8. Police Report Chief Greer reported on police activity during the previous month noting the finding of munitions on local beaches. Officer Peterson gave a report detailing information on these munitions. Chief Greer reported that -ehedepartment does a morning and afternoon patrol of the beaches and noted the department's need for a beach ramp. The department has hired an additional patrolman; he will go on duty on November 17, 1986. 9. Mr. Souder appeared before the Commissin to request artistic assistance on the Gulf Stream logo project. Mr. Gwynn was instructed to follow up on this request and recommend an artist. 10. The Commissioners commented on the status of the Australian pines, the dedication of the government center on December 5th and on the County Planning Agency. 11. Mr. Hodges of 2930 Gulf Stream Road and Mr. Steps of 2943 Polo Drive spoke on drainage problems in their areas. Mrs. Gwynn was instructed to follow up on this item and report at the next meeting. There being no further business to come before the Commission, on motion duly made and seconded the meeting was adjourned at 11:20 a.m. Town Clerk J M TOWN OF GULF STREAM FINANCIAL REPORT Month of November, 1986 OPERATING ACCOUNT Balances 10/31/86 $ 19,921.68 Deposits 83,643.89 Withdrawals 95,829.60 Balances 11/30/86 7,735.97 Receipts Transfer from MM Account 50,000.00 Electric Franchise 4,967.21 Fines 402.00 Licenses 2,493.74 Water 18,616.54 Trash 3,753.00 Telephone Franchise 1,026.20 Other 198.63 Permits 748.50 County Gas Tax 1,438_.07 TOTAL 83,643.89 Invested Funds General Fund Water Police Department (Boat Sale) Dredging Sinking $ 35,331.15 9,884.94 11,727.74 47,128.18 66,621.13 INANCIAL REPORT Cont'd. Page 2 November, 1986 #4475 Town of Gulf Stream Payroll $ 8,817.52 76 FL Div. Retirement S/S 1,956.88 77 Barnett Bank W/H 1,865.00 78 Delray Mun. Emp. - C.U. Employee 678.44 79 USCM Deferred Comp. Employee 1,026.00 80 BP Oil Company Bulk Gasoline 1,909.27 81 Harvel & DeLand Water Maintenance 248.50 82 Harvel & DeLand Water Maintenance 160.00 83 City of Delray Beach Water 18,837.96 84 Telpage Palm Beach Police Dept. 270.00 85 Ernst & Whinney, CPA's Professional services 800.00 86 Standard Sanitary Supplies Town Hall & Police Dept. (} each) 180.31 87 Johnston,Sasser,Randolph Professional Services 1,031.70 88 Edgar Office Supply Co. Office Supplies 115.82 89 News of Delray Beach Public Notices & Hearing 225.05 90 The Hartford Insurance 750.00 91 Aid to Traffic Town Hall signs 114.00 92 Bodel Co., Inc. Printing Gov't. envelopes 159.30 93 Bodel Co., Inc. License Forms & Daily Cash Reports 243.45 94 Carr - Driveways Public Works 60.00 95 Doctor's Answering Serv. Service for October 65.00 96 Fairchild - Lowell Corp. Police Dept. 57.00 97 IBM Corp. Office Supplies 52.80 98 Board of Co. Comm. Mailing list of registered voters 5.00 99 Southern Bell Service for Oct. 217.97 4500 Adjustco Renewal Insurance policy 6,381.00 O1 Am. Bankers Ins. Co. FL Renewal Insurance policy 343.00 02 Am. Bankers Ins. Co. Am. Insurance 285.00 03 FL Mun. Health Trust Fund Employee 1,815.38 04 Atlantic Refrigeration Inc. Police Dept. 84.12 05 Aid to Traffic Public Works 290.00 06 Bethesda Hospital Police Dept. 150.00 07 Boynton Auto Supply Police Dept. 107.90 08 Void Void -0- 09 Clarence Sova Reimbursements of misc. items 99.52 10 CK's Lockshop, Inc. Keys 8.33 11 FL Power & Light General a/c 120.93 12 FL Shore & Beach Preservation 1987 Dues 150.00 13 Flagcraft, Inc. Town Hall - State Flag 121.98 14 Hand's Office Supply Office Supplies 50.49 15 Kerry System, Inc. Alarm Monitoring Oct. thru Dec. 60.00 16 Myers Plumbing Co. Public Works 110.74 17 Max Davis Assoc. Copier Machine 66.15 18 Max Davis Assoc. Paper for Copier Machine 72.28 19 Ocean City Lumber Cleaning supplies 10.36 20 Pierce Tire Co. Public Works 15.00 21 Picard Chemical, Inc. Supplies 81.80 22 Purity Uniform Service Public Works 120.60 23 Scott Electrical Const. Police Dept. 162.50 24 Superior Surgical Mfg. Co. Police Uniforms 120.60 25 Telpage Palm Beach Police Dept. 50.00 26 Western Auto Assoc. Store Public Works 83.31 27 Harvel & DeLand Water Maintenance October 386.50 28 County Sanitation Trash Disposal 5,390.00 t t, FINANCIAL REPORT Cont'd. Page 3 #4529 William E. Gwynn Sec'y., Acct. services & car allow. 1,640.00 30 Town of Gulf Stream Police Chief Acct. 213.52 31 Edgar Office Supply Police General Expense 254.14 32 Town of Gulf Stream Payroll 9,516.61 33 FL Div. of Retirement S/S 2,085.49 34 Barnett Bank W/H 2,001.00 35 Delray Mun. Emp. - C.U. Employee 678.44 36 USCM Def. Comp. Employee 1,026.00 37 U.S. Postmaster Postage for invites - dedication 154.00 38 Nancy Fuerstenau Water Meter Books 95.00 39 Anne R. Ford Secretary services 135.00 40 David Agency, Inc. Insurance Premium 25.00 41 Bodel Co., Inc. Invitations & Napkins - Dedication 313.70 42 Southern Bell Monthly service 760.16 43 City of Delray Beach Water 12,152.39 44 Myers Plumbing Co., Inc. Public Works 3.80 45 Gulf Stream Lumber Police Dept. 26.91 46 R & R Uniforms, Inc. Police Dept. uniforms 232.10 47 Standard Sanitary Supplies Town Hall Supplies 74.65 48 FL Power & Light Streets lights & general 1,600.70 49 The Good Life Public Works 29.90 50 Manhattan Trophies Sign for Town Hall 5.60 51 Pignato Underwood Blundell Computer & Paper 646.13 52 William E. Gwynn Add't. acct. serv. & Comp. water bills 1,365.00 53 Neal Farms Market Town Hall - plants & pots 12.67 54 Solid Waste Authority Public Works 1,343.94 55 Southern Bell Monthly service 468.04 56 Easy Pay Tire Stores, Inc. Police Dept. 124.49 57 IBM Corp. Town Hall Wheelwriter #5 116.00 58 IBM Corp. Police Dept. 258.00 59 IBM Corp. Town Hall 52.80 60 Aid to Traffic Public Works 304.50 61 News of Delray Due from previous bill 3.44 62 Doctor's Answering Service Service for November 65.00 63 Kenny Clark Town Hall - carpet cleaning 26.25 64 Executone Systems, Inc. Town Hall 106.58 65 Drycleaning Unlimited Police Uniforms 78.95 66 Max Davis Assoc. Town Hall - copier machine agreement 475.00 67 Max Davis Assoc. Copier maintenance agreement 380.00 68 Clarence Sova Town Hall - misc. supplies 71.48 69 Woody Orr's Lawn Main. Police Dept. 200.00 70 Service Electric Co. Town Hall 15.00 71 Fairchild Lowell Corp. Police Dept. 88.40 72 Davidson's Police Dept. 19.36 Total $95,829.60 r" #2179 Greer 10/25 - 11/7 870.01 80 Buchan " 645.44 81 Stocks 656.70 82 Burtka 820.39 83 Neff " 731.54 FINANCIAL REPORT - Cont'd. Page 4 PAYROLL Cont'd. #2184 Williams 10/25 - 11/7 782.25 85 DeLorme 594.26 86 Burbank 661.13 87 Peterson 651.70 88 Helmes 181.75 89 Sova 580.36 90 Colebrook 497.66 91 Pickering 540.66 92 Gwynn 603.67 93 Greer 11/8 - 11/21 870.01 94 Buchan 645.44 95 Stocks 656.70 96 Burtka 820.39 97 Neff 846.69 96 Williams 782.25 99 DeLorme 676.37 2200 Burbank 755.33 01 Peterson 746.90 02 Helmes 181.75 03 Sova 580.36 04 Colebrook 497.66 05 Pickering 540.66 06 Gwynn 603.67 07 Sota 312.43 Total $18,334.13 yQ W H F En a O N m [�s7 m C7 1 N WmW a1 yO W 3 m D Q z° QW Ai r•i J N M 00000000 0 oo o O O �M O D71 n r N OI�I M 0 0 0 0 0 0 0 0 O O O O O M m rn M u V m non o o o 0 0 0 o a 9 1,o 00I t0 7 O1 sM N M t7� O ri O N r O M M O O m {0 r ri r-I M ri l0 lD Ol d' 10 Ill N rI N N O ri 4J O 0 0 0 0 0 0 0 0 O O O O 1 ppp Ol O In 000005 1n O1 00 O1° m+ O 1,000 NOO M t0 5 L Ln I 1 vl N t0 r-I I� m• PD W oQ E ri M v M m O In ri d' 01 V� N Ill 1� I b ri m O (ry M r N 'q N O r Cp ri O � O t0 r-I N- N M Ifl M M 41 r In M 1 1 LO O ri 1p r H M m m +I 1 00000000 O 00 0 1 0 m o 0 0 0 0 0 0 0 0 0 00 0 00 I d'min In l-O mN 01 OM M I N N ri O M � ri ri r-I M W r•i I N 01 -* OD O M M O N I- O r I In M O O �M O D71 0 C t0 N ml r OI�I M In v v N t0 N m I O M u V jLn 4S3 FF +I N ri N M 9 � 00I a pp W W U F F N U W 1-1 N 11 01 +I N Ol ,r~ U 0 a C7 0 'i N 4J 0° M 001 r. 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Wge' O N Fi 0] ro P4 1 0 P4 M$4 a > M u V a 4S3 FF +I O 9 z O H H m H rWU� 0 a0 w a o x M N m OI m m I-D m m N mmI Ln m w ME to O I lO ri w I- m m a w X00 X00 0 r-iLn a a 0 0 ((pp m o m o m m m H 00 0 lo W I` O m w rn O m O M I � o In, o n 4J 4J I I w 0 N H a O 00 m In Q7 W L0 tO 0 ko ®y O kD m OD ?W h WW rn M r W W m OI m m I-D m m N mmI Ln m w ME to O I lO ri w I- m m v O >a v a ro w o o � rn m a a a w � o rn ro O1 N a m N W I I N rl N W +J ro o M a o wo H•• N G rD m En a m a w X00 X00 0 r-iLn a 00 0 0 ((pp m o m o m m m H 00 0 a W I` O " O r m m N d' N 10 ro 44 4J 4J 0 w O w 0 H U h 0 h 61 m In Q7 vl o m O O kD m sP r-I tO h WW M v O >a v a ro w o o � rn m a a a w � o rn ro O1 N a m N W I I N rl N W +J ro o M a o wo H•• N G rD m En a m V +3 mro L9 3 ++ N 00 O O 4J 4J as X X a +J vro C7 3 +J +J � 00 .rq O O w P4 a a° ro 44 4J 4J 0 w O w 0 H ty .5 p a N m wo 0 •i tp V +3 mro L9 3 ++ N 00 O O 4J 4J as X X Palm Beach Marathon Suite 500 1675 Palm Beach Lakes Blvd. O West Palm Beach, FL 33401 (305) 428 -8454 October 10, 1986, Dear City Administrator, Enclosed is a Request for Temporary Closing of a State Road that we would like to submit for your approval. The Palm Beach Marathon is a non profit corporation which has designated Easter Seals as the recipient of funds from the races scheduled for Saturday, February 21, 1987. Easter Seals is the largest voluntary health agency in the United States. Over 98% of the funds raised by the marathon for Easter Seals will be used to serve handi- capped children and adults here in Palm Beach County. The map that is included with the application for a temporary road closing indicates our proposed route and a time schedule to be used for traffic control. In most areas this is a relatively short period of time and with an early morning start should be of very little inconvenience to local residents and businesses. The Palm Beach Sheriff's Department, under the direction of Captain Grimes, has offered to provide as much traffic control as necessary. However, he also indicated that you may prefer to provide your own police in your city. If this is the case, we are willing to pay for this service if necessary. Please consult with your chief of police and indicate your preference on the permit application. The Palm Beach Marathon will carry full liability insurance as well as sanctions from The Athletics Congress and the Association of Road Racing Athletes. All local news media will be notified of this event and all residents along the route will be notified through distribution of flyers. It should be noted that residents along SR AlA will be allowed to cross our route as necessary. The Palm Beach Marathon has received tremendous encouragement from many local groups and businesses. The Boca JC's, the Kiwanis Club and the Gold Coast Running Association have offered manpower and support. WPEC has offered to film the race and WJNO has offered tremendous support including the use of their helicopter for updates on the race and any trafic related broadcasts. We are certain that this event will be very popular with residents and visitors. Spectating is free and it should be pointed out that most viewers will turn out at various points along the way and especially at the finish line. Our spectator guide will highlight the public beach areas as recommended vantage points. On behalf of the Palm Beach Marathon and the Florida Easter Seal Society I would like to thank you in advance for your cooperation. If you need any further information or wish to discuss this matter please feel free to contact me at 734 -7815 or 428 -8454. Sincerely, 94. &e Chris Carl Race Director FLORID `EASTER SEAL SOCIE,71f, INC. - PALM BEACH REGIONAL OFFICE 1675 PALM BEACH LAKES BOULEVARD SUITE 403 WEST PALM BEACH, FLORIDA 33401 Mr. Jeffrey D. Kneen, Esquire 1675 Palm Beach Lakes Blvd. Tower A, Suite 500, Forum III West Palm Beach, Florida 33401 Dear Jeff, ROBERT J. GR"r IGGS Executive Director vFAstir TELEPHONE 1305) 471 -1688 veali U October 6, 1986 Confirming our conversation on 9/24/86, on behalf of Easter Seals, I gratefully accept your Board of Director's selection o£'our agency as the beneficiary of the proceeds from the Palm Beach Marathon. The Easter Seal Society does have fundraising guidleines. Bob Griggs, our Executive Director has discussed them with your Race Director, Chris. Additionally, a copy of these guidelines will be sent directly to you. , I look forward to working with you and your Board on the. Marathon. Please keep me apprised as the event develops, so I may be of any assistance needed. The Florida Easter Seal Society is an independent, not for Profit agency. We are an affiliate of the National Easter Seal Society which is the largest .voluntary health agency in the United States. Over 98% of the funds raised by the Marathon will be used to serve handicapped children and adults right here in Palm Beach County. Once again, thank you for selecting Easter Seals to participate in the Palm Beach Marathon. Sincerely, Susan DeHayes Program Director Remember the Easter Seal Society in your will. Affiliated with the National Easter Seal Society. RECEIVED OCT 6 1986 JEFFREY D. KNEEN o I 27th St. J , `ate x — --------- - - - - -- a •.PALM BEACH MARATHON " I I J 50K ROUTE MAP I I z START SAT. FEB. 21, 1987 -- ' Ro al Poi -- ------------------- 'IT West Palm Beach E North T nciana Way Palm Beach '---------------------- Southern Blvd. TIME SCHEDULE I TEMPORARY ROAD CLOSINGS PALM BEACH: Royal Poinciana Way (Westbound Lane) 6:45 AM to 7:15 AM Ocean Blvd. (Northbound Lane) Southern Blvd. to South Palm Beach 7:30 AM to 9:00 AM' WEST PALM BEACH: 5th Ave. Palm Beach to Dixie (Westbound Lane) 6:45 AM to 7:15 AM Dixie (Northbound Lane) 5th St. to 27th St. 6:45 AM to 7:30 AM 27th St. (Eastbound Lane Dixie to Flagler 7:00 AM to 7:45 AM Flagler (Northbound Lane; 27th St. to Southern 7:00 AM to 8:30 AM LAKE WORTH: SR AlA (Northbound Lane) 7:30 AM to 9:00 AM SOUTH PALM BEACH: SR AlA (Northbound Lane) 8:00 AM to 9:30 AM ✓ LANTANA: SR AlA (Northbound Lane) 8:00 AM to 9:30 AM MANALAPAN: SR AlA (Northbound Lane) 8:15 AM to 9:45 AM OCEAN RIDGE: BRINY BREEZES: SR AIA (Northbound Lane) 8:00 AM to 10:30 AM GULFSTREAM: * 1/2 Marathon Start is at ✓ BOYNTON BEACH: 8:15 AM at Boynton Municipal Beach DELRAY BEACH: SR AlA (Northbound Lane), HIGHLAND BEACH: SR AIA (Northbound Lane) BOCA RATON: SR AIA (Northbound Lane) Palmetto Park Rd. (Westbound Lane) *Both Lanes Closed between U51 and NE 1st Ave. 8:00 AM to 4:00 PM c N 8:30 AM to 11:00 AM 9:00 AM to 11:30 AM 9:00 AM to 12:00 AM 9:00 AM to 1:00 PM FINISH Palmetto Park Road X77----------- - - -- - -- ■1R Lake Worth Palm Beach S. Palm Beach Lantana Ln Manalapan a a Ocean Ridge 1/2 Marathon X START Boynton Bch Briny Breezes Gulfstream Delray Beach Highland Beach Boca Raton rover pl•la arwr[ of Pu 1•r1 w.RA N►A R'TY9wT wTRARMRTATNR REOUEST FOR TEMPORARY CLOSUM OF STATE ROAD rMSTRUCTIONSI ODTAIN SIGNATURES OF LOCAL LAM ENFSRCEMENT ANY CITY /COUNTY OrrICIALS PRIOR TO •UYMITTINO TO DPARTMENT OF TRANSPORTATION. N[CCMARY MAPS OR SUPPORTINS OI DCU61RNTe ATTACH ANY Palm ��I Beach Marathon, Inc. N..NC Chris Carl Suite 500 1675 Palm Beach Lakes Blvd. W. Palm Bch., Fla. 33401 Palm Beach Marathon 10/10/86 28 -8454 - --- ..... is MI" - rirl r ►woPR[[R NOWT[ 0NCLU9a ■TwT[ NOAO NUMP[w. [MCIPI LOC^ w. - wR A►1, w N¢[ w r SRAlA Starting in Palm Beach on Royal Poinciana Way at Coconut Row then West to Dixie Hwy, North to 27th St., East to Flagler then South to Southern Blvd., East to AlA, then_ South via Northbound lane of AIA to Palmetto Park Rd., then West to US1. .See Map" o[TOuw NO UT[ IINCLUoa ALT[RNwT[ NDYT[a - INOLY D[ rAN4 A w R See .Map. Northbound traffic on AlA would use US1 for tlimes.listed.y �NCLYD[ ►h�, SIT, 7 {NH9L[ row Tww r►IC C T L, f , PATMOL. ETC.) OMrMNT9, .. oww'' The proposed route would provide the least.inconvenience. to local residents and businesses. Proceeds will benefit Easter Seals. THE CITY OF M SSAJIfTT N WILL •MUM[ ALL RESPONSISILITY FOR TRAFFIC SSII9TROL ANY ANY LIADILITY CLAIMS ARISINS PROM OR SASED UPON THE ACTIVITIES OF THIS EVENT. THE STATE SW FLORIDA DEPARTMENT OF TRANSPORTATION. WILL NOT as HELD RE90-ON2I1ILE FOR ANY LOPS, COSTS, OR E=FE109E2 ARISING IN ANY MANNER AS A RESULT OF THE EVENT. COMMERCIAL USE OF THFROAORAY IS PRISHISIT[Y, a wAM[ wHO TITL[ IINCLUR[ MM[ wO. 1/ AT I NAr9 AwO TITL9 of CITY /L'OUMTr 01►ICUI r.w '- —.. _ DEPARTMENT OF TRANSPORTATION APPROVAL: THIS REQUEST IS HEREBY. APPROVED TO NAY[ A.O AUTHORITIES: CHAPTER 14-91, FLORIDA ADMINISTRATWE COYEI RULES OF THE DEPARTMENT OF TRANSPORTATION • TEMPORARY CLOSINS OF STATE ROAM. SECTIONS 118.08 AND 711.098, FLORIDA STATUTES. d,WH1ioYZ •. room M /t•tE STATE OF PLSINOA OEPARTMSMT/V4W "AMOIGMTATIOM 1'19 NEGUEST 8011 TEMKMARY CLODWS OF iTATE ROAD 'TRUCTIONM OBTAIN SIGNATURES Or LOCAL LAW ENFORCEMENT AND CITY /COUNTY OFFICIALS PRIOR TO SUOMITTINO TO DEPARTMENT, Of TRANSPORTATION. ATTACH ANY NECESSARY MAPS OR SUPPORTING DOCUMENTS Palm Beach Marathon, Inc. Chris Carl 1070/10/86 Suite 500 1675 Palm Beach Lakes Blvd. W. Palm Bch., Fla. 33401 428- 454 Palm Beach Marathon Sat. Feb. 21 6:52 AM - sunrise INr - MO►OEEO ROUTE 11MCLUDS STATE **AD MUMMER. 5MEOPIC LOCATION. ff".1 INNE6WOU MAM. AN NECE A T SRA1A Starting in Palm Beach on Royal Poinciana Way at Coconut Row then West to Dixie Hwy, North to 27th St., East to Flagler then South to Southern Blvd., East to AlA, then_ South via Northbound lane of AlA to Palmetto Park Rd., then West to US1. See Map . DETOUR ROUT[ (INCLUDE ALTERNATE ROUTES - 1"LUDE NAM. AN MROMARTI See Map. Northbound traffic on AlA would use US1 for ti imes listed. It L P Pw �IT !1T EOM C •• j#W4g FLORIDA IiIGHWAY PATROL. �G.r COMMENTS. . The proposed route would provide the least.inconvenience.to local residents and businesses. Proceeds will benefit Easter Seals. THE CITY OF 01 BGUIfTT N WILL ASSUME ALL RESPONSIBILITY FOR TRAFFIC BONTRGL AND ANY LIABILITY CLAIMS ARISING /ROM OR NABED UPON THE ACTIVITIES OF THIS EVENT. THE STATE N FLORIDA DEPARTMENT OF TRANSPORTATION _ WILL NOT SE HELD R68PONSIOLt FOR ANY LOSE. COSTS. OR EXPENSES ARISING IN ANY MANNER AS A RESULT OF THE EVtHT. COMMERCIAL USE OF THE ROADWAY IS PRONIBITEB. j;;#MEETNO TITLE I,NCLUOE "DOE NO. IF AT TYMMAINE AND TITLE OF CITY /COUNTY OFFICIAL 69WA—Tmft SPPVMMRW OFFICIAL DATE SIGNED, 1 DEPARTMENT OF TRANSPORTATION APPROVAL: THIS RBQUEST IS HEREBY APPROVED TTMO MANE AND TITLE OF DISTRICT 119101106EER IMATI101 OF SINITONIT 9044"affn DATE 11#41"1113 AUTHORITIES: CHAPTER I6-43. FLORIDA ADMINSSTRATWE SOBEI RULES OF THE DEPARTMENT OF TRANSPORTATION • TEMPORARY CLOSING OF STATE ROAN. SECTIONS 334.01 AND 216.001. FLORIDA STATUTES. .4i101t� Penn SSI•IS STATE OF FLORIDA M►ARTMENT M TNARMRTATIOR I'IE REOUEST FOR TIWORARY CLOW" OF STATE ROAD 7RUCTIONGI OBTAIN SIONATURES Or LOCAL LAW GNFOWCEMIMT AND OITY /COUNTY O►rIC1ALl PRIOR TO SUBMITTING TO DEPARTMENT, OF TRANSPORTATION. ATTACH ANY NECESSARY MAPS OR SUPPORTING DOCUMENT! Palm Beach Marathon, Inc. Chris Carl 10/10/86 Suite 500 1675 Palm Beach Lakes Blvd. W. Palm Bch., Fla. 33401 428 -8454 LE OF EVENT Palm Beach Marathon ATI or EVENT Sat. Feb. 21 6:52 AM - nri T..9 ITINKLUMINO "ETTINN V. - h—: :eT MOPNEO ROUTE (INCLUDE STATE ROAD NUMSER. S►EC1 /1 LOCATION, UO MAPS. AS N2 T SRA1A Starting in Palm Beach on Royal Poinciana Way at Coconut-Row then West to Dixie Hwy, North to 27th St., East to Flagler then South to Southern Blvd., East to AlA, then South via Northbound lane of AIA to Palmetto Park Rd., then West to US1. See Map . DETOUR ROUTE (INCLUDE ALTERNATE ROUTES - INCLUOE MANS, Ab Nft=ARVI -. See Map. Northbound traffic on AIA would use US1 for times, listed. AIGHWAV LS Or r111IT N� I�ES►DNSI ELE Pon TRArrlc T L, E , •• FLORIDA PATROL. ETC.) ECIM C 7AT�ORI COMMENTS, The proposed route would provide the least.inconvenience.to local residents and businesses. Proceeds will benefit Easter Seals. THE CITY or ON COUNTY Or WILL ASSUME ALL RESPONSIBILITY FOR TRAFFIC GONTML AND ANY LIABILITY CLAIM* ARISING FROM OR BASED UPON THE ACTIVITIES OF THIS EVENT. THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION WILL NOT at MELD RESPONSIBLE FOR ANY LOW COSTS. OR EiF0101E* ARISING IN ANY MANNER AS A RESULT Or THE EVENT. COMMERCIAL USE Or THE ROADWAY 1* MOHISITOD. TTPOO MAITO No TITLE (IMCLUO[ MOOS NO, or AIGNATUffiff ' TYPED NAME AND TITLE Or CITY/c OURTY OFFICIAL A SAL DEPARTMENT OF TRANSPORTATION APPROVAL: THIS R11WEST IS HEREBY APPROVED ' TYPSO MANE AND TITLE OF DISTRICT ENGINEER 41MAT OF ONTOWT 201e1"awn DAYS 111601112 AUTHORITIES: CHAPTER 14-00, FLORIDA ADMINISTRATIVE GODOI RULES OI THE DEPARTMENT OF TRANSPORTATION • TEMPORARY CLOSING OF STATE ROAM. MOTIONS 225.02 AND 210.006. FLORIDA STATUTES. room S♦1•IS [TAT[ OF FLORIDA DEPARTMENT M MARMRTATNN 14E : REOUEST FOR TEMPORARY CILOIM" OF STATE ROAD . INGTRUCTIONSi OBTAIN SIGNATURES OF LOCAL LAM ENFORCCMSa1T AND CITY /COUNTY OIRICIAL[ PRIOR TO SUBMITTING TO DEPARTMENT. OF TRANSPORTATION. ATTACH ANY NECCMARY NAM OR SUPPORTING DOCUMENTS ' or WWOA.134�ow rw Palm Beach Marathon, Inc. Chris Carl WAYS 10/10/86 Suite 500 1675 Palm Beach Lakes Blvd. W. Palm Bch., Fla. 33401 .428-$454 Palm Beach Marathon BY EVENT 1981 Sat. Feb. 21 ISTARTMOT.M90F VERY "WE 11OWLUM.Me w�&.111717F- 6:52 AM unrise MOPOSEO *OUTS IINCLUD[ STATE *OAR NUMSER. SPaCIFIC LOCATION. CM.1 (NSCLWO9 MAM. A "XWEAEAN4 SRAIA Starting in Palm Beach on Royal Poinciana Way at Coconut Row then West to Dixie Hwy, North to 27th St., East to Flagler then South to Southern Blvd., East to AlA, then• South via Northbound lane of AlA to Palmetto Park Rd., then West to US1. See Map . OETOUN MUTE I1*CLUOE ALTERNATE *OUTES • INCLUDE MAPS. At MW4MANTI See Map. Northbound traffic on AlA would use US1 for times. listed. II L ♦ PART *T j[WM0LE FOR TRAPI'M r L. [ . •• IM CII ♦ATIOISI Iclomm[N". . The proposed route would provide the least.inconvenience.to local residents and businesses. Proceeds will benefit Easter Seals. THE CITY O► Be BOUNTY ID► WILL AMUME ALL RCBPONBIBILITY FOR TRAFFIC EGMTML AMID ANY LIABILITY CLAIMS ARISING FROM OR BASED UPON THE ACTIVITIES OF THIS EVENT. THE STATE M FLORIDA DEPARTMENT OF TRANSPORTATION WILL NOT ■E HELD RESPONSIBLE FOR ANY LOBS. COSTS. OR ["910110[ ARISINO IN ANY MANNER AS A RESULT OF THE EVENT. COMMERCIAL USE OF THE ROADWAY IB POSHISIT109. TrKR AAmf�NR TITLE (INCLUDE ""a NR. OF IIIISSIAyMo . TYPED NAME AND TITLE OF CITY1UOVNTV OFFICIAL 11010INATUM IAL r DEPARTMENT OF TRANSPORTATION APPROVAL: THIS REQUEST IS HEREBY APPROVED TYPED NAME AND TITLE OF DISTRICT ENEINEER SMAYM OF 101"bm" doolplawn ATE SIGNED AUTHORITIES: CHAPTER t4-E5. FLORIDA ADMINISTRATIVE 611091 RULEB OF THE DEPARTMENT OF TRANSPORTATION • TEPAP041ANY CLOSING OF STATE MAW. SECTIONS 214.52 AND 216.005. FLORIDA STATUTES. M...� MONTHLY POLICE ACTIVITY REPORT GULF STREAM POLICE DEPARTMENT REPORTED CRIMES MONTH OF October 1986 — 1. Theft - 2 2. 3. 4. 5. 6. 7. B. 9. 10. POLICE SERVICE CALLS, 1. Civil Assists - 11 2. Suspicious Incidents - 6 3. Disturbance - 1 4. Traffic - 2 5. Juvenile Complaint - 1 6. Assist other Departments - 1 7. Animal Complaints - 1 8. 9. ' 10. 11. 12. FALSE ALARM CALLS 54 MEDICAL ASSISTS 1 FIRE ASSISTS O TOTAL CALLS FOR THE MONTH: 81 INVESTIGATIONS PENDING 0 ACCIDENT INVESTIGATIONS 0 MISDEMEANOR n_ FELONY 0 DWI _ 0 TRAFFIC (CITATIONS) 32 WARRANTS I 4S A W. GREEK, CHIEF 0. POLICE TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS Of William F. Koch. Jr. Mayor Alan I Armour, Vice Mayor Robert J Dl,aon Brian Pfeiffer James E. Cross / 1 ,oll Call! AGENDA TOWN COMMISSION MEETING NOVEMBER 14, 1986 MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 9 444 TEL GULF STREAM 2765116 Town Manager 'ILLIAM E. GWYNN Town Manager-Town Clark IARBARA GWYNN Chief of Police JAMES GREER Approval of Minutes Commission Meeting October 3, 1986. 3. Financial Report. I,fT I ,-S 1 4. Manager's Report Police Report Project Report Code Enforcement Report Planning and Zoning Report a. A request by Glenside Developers Inc. to build a single family residence on Tract 1 of Cecile M. Merritt Property Plat. Location of this property is in Driftwood Landing. b. A request by Mr. and Mrs. Rocco Auri, Lot 32 2570 Ave Au Soleil - for a variance to Section VII. K.1, of the Gulf Stream Zoning Ordinance reducing the side yard setback from the required 15 feet to 13 feet in order to construct a single family residence. Prior to 4/8/83 side yard requirement was 10 feet. / ,� �Y� UCwv 3 ,j, 1st Reading of Ordinance 86 -44,,a Regarding renewal of ILeaders ip a evi i-m ranchise. W 6. Representative from Florida Power and Light Company regarding �se�curity lighting. Mr. Vic Arena, Marketing Manager. J6)n17. Co�- mmission Comments /Recommendations 8. Public Comments /Requests 9. Adjournment. O K m � o q-__- m m m v o m m a IrP- I -o f F o �r P pp li a 6 u � fn o o C D W m >> D D m n S M o z o ❑ S m Fly Ct m .� m m to 'm [p t-I 1�1i O CC] O ° C n O O m _ O ? 0. C m `t Q c1 w �• m C 3 £ `� n m b y' 4 .Z 0 6 •G C W ^ ^ni D a� ty cf m m o n D G< 7Y r °= S W -pn U3 CG O m m G• ° Q O F'- Co `< I bJ M ° ��yy m 1-3 CO o ° m G^ Y .,y r o g D � S� � g• m N '• m X D m C T D m O m D �+ S m Fq -i T ;R: LI y �mTc� z m -3 cOt t m U W (D to CD W o' m M m n. m m" O mC% Im yr z agA HIM 5 : 3n�m�.°.d� z. -K F'3 �m C9r E3 =o, i�y = 3m uo ,g2Eo °'om AC�p Oz A =,N °a- = vn� =-°� Imp 'gym . e O Proof of Publication ............. ................................ .... .. VS. ............. I ... ................................... .......... .... ..... I ........... .... Filed in the Office of Clerk of Circuit Court ............ .............. 19 ............ Clerk By— ....................... ............. ........... ........................ D. C. ............................................................................................. Complainant's Solicitor. J.= DELRA i - B6YNT6,, BEACH NEWS- JOURNAL Published lCeekh• Delray Beach. Palm Beach County. Florida PROOF OF PUBLICATION STATE, OF FLORIDA C )UNTY OF PALM BEACIf Before the undersigned authority personally appeared John M. Delia echo nn oath says that he; she is Publisher of 'rhe Delray Beach and Hoyntun Beach News - Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a Notice to Residents in the manor of Town of Gulf stream in the Court, was published in said neaspape•r in the issues of November 13, 1986 Affiant further sacs that the said Delray Beach and Boynton Beach News - journal is a newspaper published at Delray Beath, in said Palm Beach County. Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County. Florida, oach week and has been entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised an person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said ^ nouspapor. S" to d subscribed before me this 19th day of November A.D. 19 86 V'irt o,lFi r' sMF OF Fl^ I ^_A s. Cc er;gb,U rAP 50! 17. I'iaa Pohaah: Neva Jrn ml Navembv n, 1996 f ko% 13o rwCslwRh.vtiTauArt;,lq of ot.rnaP17h_-S.} {Za y{yy,yway"j5 -1 Q�,.pp It 4.(,.�t T�r9 Wort. Ctf(�1V5 6-4 ° PM.v�� ul iu out %cal IU4 C.&A G4 ofi W �61.ti4 /l�.rctt� i ORDINANCE NO. 86 -4 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH .COUNTY, FLORIDA, ESTABLISHING TERMS AND CONDITIONS FOR THE GRANTING OF A CABLE TELEVISION SYSTEM WITHIN THE TOWN. CABLE TELEVISION ORDINANCE Sec. 10 -1. Short title. This chapter shall be known and may be cited as the "Gulf Stream CATV Ordinance ". Sec. 10 -2. Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "Cable Television System ", hereinafter also referred to as "CATV System" or "System ", means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off - the -air and distribute them to subscribers for a fee and such other services as specified by the Federal Communications Commission. (b) "Cable Act" means the Cable Communications Policy Act of 1984 identified as Public Law 98 -549 enacted on October 30, 1984. (c) "Town" is the Town of Gulf Stream, Florida. (d) "Town Commission" is the Town Commission of Gulf Stream, Florida. (e) "Dwelling unit" as used herein shall be an individual residential unit for which a separate basic charge may potentially be collected. The number of dwelling units shall not include the number of units in a multifamily residence or complex if the Grantee from which service has been requested is prohibited from serving the complex or building. The number of dwelling units shall include any commercial unit which has specifically requested cable service or which now has cable service provided by any Grantee. (f) " dwelling units per linear mile" as used herein shall be a measurement made from the dwelling unit requesting service to closest point at which the Grantee with the request for service has live cable wire. Whenever the distance measured results in a measurement which is Less than a mile or includes a traction of a mile, the number of dwelling units required to'be passed to entitLe the customer to receive service shall be adjusted accordingly. (For example, it the distance from live cable to the customer requesting service is one -third of a mile and no other units along that line request service, service must be provided it there are at least tour (4) dwelling units between the live cable and the dwelling unit of the customer requesting service.) (g) "Grantee" as used herein is a general term which, unless otherwise stated, reters to each and every grantee of a franchise hereunder. (h) "Public Facilities" shall mean the streets, alleys, easements, Swale areas, public ways, public places and all other easements dedicated to compatible use (within the meaning of Section 621(a)(2) of the Cable Act) now,laid out or dedicated and all extensions thereof and additions thereto in the Town. (i) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. Sec. 10 -3. Grant of nonexclusive authority. (a) There is hereby granted by the Town to the Grantee the right and privilege to construct, erect, operate and maintain in, upon, along, across, above, over and under Public Facilities, poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Town of a Cable Television System. (b) The right to use and occupy Public Facilities for the purposes herein set forth shall not be exclusive, and the Town reserves the right to grant a similar use of Grantee to any person at any time during the period of this franchise. -2- (c) Grantee shall have the right to enter into arrangements for the attachment onto and use of tacilities owned and operated by public utilities operating within the Town. Grantee shall strictly comply with the terms, provisions and restrictions of said agreements, and copies of all agreements made with other public utilities operating within the Town shall be provided to the Town upon request for the same. Sec. 10 -4. Compliance with applicable laws and ordinances (a) Grantee shall, at all times during the lite of this franchise, be subject to all lawful exercise of the. police power by the Town and to such regulation as the Town shall hereafter provide, and Grantee shall fully comply with all applicable laws, rules and regulations now in ettect or hereinafter adopted by the Federal Communications Commission, the Town, the State of Florida and the United States. (b) Copies of all petitions, applications and communications submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting Grantee's Cable Television System authorized pursuant to this franchise shall be provided to the Town upon request for the same. Sec. 10 -5. Territorial area involved and construction requirements. (a) A franchise granted hereunder shall be for all areas within the present corporate limits of the Town and to any area henceforth added thereto during the term of a franchise granted hereunder. (b) The requirement of Grantee to extend cable service to a dwelling unit within Grantee's franchise area shall be governed by the following standards: (1) Grantee will be required to extend cable service to a dwelling unit when: -3- (i) There is a request by the resident of that dwelling unit to provide such service; and (ii) There is an average of fifteen (15) dwelling units per linear mile or more than five (5) dwelling units per linear mile requesting such service and each such dwelling unit may be reached with a standard service drop or the resident of the dwelling unit has agreed to pay the additional cost of a non - standard drop. (2) When a dwelling unit requesting cable service is determined to be outside the service criteria, service shall be provided to that dwelling unit for a reasonable additional hook- up charge which shall represent the actual additional cost to the cable company in providing service to that dwelling unit over its cost per mile where there are five (5) customers requesting service per linear mile. Grantee shall establish a system of rebating these additional charges on a pro rata basis as new customers are added to the line. (c) Specific additional construction requirements may be imposed in the franchise accepted by Grantee. Sec. 10 -6. Liability and indemnification (a) Grantee shall indemnify and hold harmless the Town, its officers, agents and employees from all claims, debts, liabilities, demands, interest, court costs and attorneys' fees, to itself, or to any third person, whether for bodily injury, death, property damage or otherwise, in any way arising out of the operations of Grantee under this ordinance or Grantee's franchise issued hereunder. (b) Grantee shall pay and, by its acceptance of its franchise, specifically agrees that it will pay, all expenses incurred by the Town in defending itself with regard to all damages and penalties, including, but not limited to, all out- of- pocket expenses, such as attorneys' fees, and the reasonable value of any services rendered by the Town Attorney or his assistant or any employees of the Town. -4- (c) Grantee shall maintain and, by its acceptance of its franchise, specifically agrees that it will maintain throughout the term of its franchise liability insurance insuring Grantee, and naming the Town as an additional insured thereunder, against loss or damage arising out of the operations or responsibility of Grantee under its franchise with primary and umbrella insurance in a total limit of five million dollars ($5,000,000.00). Copies of policies are to be furnished the Town. (d) Grantee shall provide the Town with security of faithful performance of all terms and conditions of its franchise and this ordinance by providing either a payment and performance bond running to the Town with good and sufficient surety acceptable to the Town in the penal sum of five thousand dollars ($5,000.00), or an irrevocable letter of credit issued by a bank in Palm Beach County, Florida, in the amount of five thousand dollars ($5,000.00). In the event that the Town in accordance with the terms of this agreement recovers from the security, Grantee shall, within fifteen (15) days after notice from the Town, reinstate the security to the amount of five thousand dollars ($5,000.00). (e) The insurance required by subsection (c) and the bond or letter of credit required by subsection (d) shall be subject to the approval of the Town Commission, and the insurance policy or policies and the bond or letter of credit, along with the written evidence of payment of the required premiums, if applicable, shall be tiled and maintained with the Town Clerk of the Town during the term of Grantee's franchise. (f) The insurance policy or policies and bonds or letter of credit which Grantee is required to furnish under the requirements of this ordinance shall be first submitted to the Town Attorney for his acceptance and approval on behalf of the Town and, if so accepted and approved, shall be tiled in the office of the Town Clerk together with written evidence of payment of the required premiums due thereunder. -5- Sec. 10 -7. Performance Standards. Grantee shall at all times: (a) Use at least four hundred (400) megahertz of bandwidth (the equivalent of tifty four (54) television broadcast channels) available for immediate or potential use within all parts of Grantee's tranchise area within forty -eight (48) months after award o its franchise hereunder. (b) Maintain equipment that passes standard color television signals without degradation and with a phase shitt measured within its own System not to exceed plus or minus seven (7) degrees. Said phase shift measured witin its own System shall mean the difference between the phase shift measured in the signal received by the Grantee at its tower and the measure of phase shift at the subscriber's receiver. (c) Provide a minimum level of one thousand (1,000) microvolts at the input terminals of each television receiver on the line. (d) Provide that the System and all equipment be designed and rated for twenty -four- hours - per -day continuous operation. (e) Provide a signal -to -noise ratio of not less than forty (40) decibels measured at the subscriber's receiver. (f) Provide a television signal with a hum modulation less than tive percent (5%) measured at the subscriber's receiver. (g) Provide a television signal free of interaction between any channels which may cause excessive cross - modulation distortion. The system cross - modulation distortion level shall meet a minimum standard of torty (40) decibels below the level of the television signals distributed to any subscriber connected to the system measured at the subscriber's receiver. (h) Operate the system in compliance with Subpart K of Part 76 of the Federal Communications Commission Rules and Regulations relating to incidental radiation. (i) Provide an intermodulation distortion not to exceed minus forty -six (46) decibels measured at the subscriber's receiver. Q. (j) Provide that the plot of gain versus frequency across any six - megahertz channel is to be flat, plus or minus two (2) decibels, measured at the subscriber's receiver. (k) Provide and keep accurate, calibrated test equipment for the testing of all service and operation standards outlined in this chapter, and conduct tests as requested by the Town under the supervision of a Town representative in order to establish the level or performance of the system. The Grantee shall provide responsible service and investigation in response to all subscriber complaints. Should any subscriber be unable to obtain acceptable service from the Grantee, said subscriber may make application to the Town to require such tests by the Grantee. The subscriber, upon presenting his request, shall deposit with the Town through the office of the Town Manager, the sum of two hundred dollars ($200.00) as a deposit towards the cost of such tests. Should the test indicate that the Grantee has failed to provide service to said subscriber in accordance with the operational standards outlined in this chapter, then the Grantee shall bear the cost of said test, and the deposit herein required shall be returned to the subscriber. Should the test indicate that the Grantee is conforming with the operational standards set forth in this chapter, then the cost of said tests shall be borne by the subscriber requesting such test. So much of said deposit as is necessary to reimburse the Grantee for the actual cost of its tests shall be paid over to the Grantee, and the remainder of the deposit, if any, shall be returned to the subscriber. Sec. 10 -8. Operation and maintenance of system (a) Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. Grantee shall operate the system so that there will be no interference with television reception, -7- radio reception, telephone communications or other installations which are or may hereafter be installed and in use by the Town or any persons in the Town. (b) Grantee shall maintain an ottice within five (5) miles of the Town of Gulf Stream which shall be open during all usual business hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received at any time. Sec. 10 -9. Service to schools and public buildings. Grantee shall install and provide basic service through one basic standard service drop to each public school, fire station, police station and Town administration building within the Town for educational or governmental purposes upon request by the Town and at no cost to the Town or to the public school system. Any internal distribution system within the building to which the tree service is provided shall be at the expense of the party receiving the service and will be installed by Grantee at cost upon request. Grantee may, at its election, provide similar services without cost to private schools, including parochial or other religious schools. Sec. 10 -10. Emergency use of facilities In the case of any emergency or disaster, Grantee shall, upon request of the Mayor or Town Manager, make available its facilities to the Town for emergency communications use during the emergency or disaster period in cooperation with other local governments. Grantee will provide a radio or character - generated signal override capability which will facilitate audio or video communications with all subscribers of Grantee during such emergency. Sec. 10 -11. Other business activities. (a) A franchise hereunder authorizes only the operation of a CATV system as provided for herein, and does not take the place Cm of any other franchise, license or permit which might be required by the Town. (b) Neither Grantee nor any of its officers, agents or employees shall indicate or recommend, in any manner, a specific sale or service establishment or individual be used for the sale or service of any television set. This shall not prohibit Grantee from carrying paid advertisements by any company engaged in the sale or service of television sets or other video or audio equipment. Sec. 10 -12. Safety requirements. (a) Grantee shall at all times employ due care in the construction, operation, maintenance, removal and use of the Cable Television System using commonly accepted industry practices and equipment to avoid failures and accidents which are likely to cause damage, injuries or nuisances to the public. (b) Grantee shall install, operate and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the National Electric Safety Code promulgated by the National Bureau of Standards and the National Electrical Code of the American Insurance Association, and in such manner that they will not interfere with any installations of the Town or of a public utility serving the Town. (c) All structures and all lines, equipment and connections in, over, under and upon the streets, easements and swales, sidewalks and public ways and places of the Town, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair. (d) Grantee shall maintain a force of employees sufficient to provide safe, adequate and prompt service for its facilities in accordance with industry standards. Sec. 10 -13. Conditions of street occupancy. (a) All transmissions and distribution structures, lines and equipment erected by Grantee within the Town shall be first approved by the Town upon application by the Grantee and shall be so located as to cause minimum interference with the proper use of streets, easements and swales, sidewalks, alleys and other public ways and places and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said streets, easements and swales, sidewalks, alleys or other public ways and places. (b) In cases of disturbance of any street, easement and swale, sidewalk, alley, public way or paved area, Grantee shall, at its own cost and expense and in a reasonable manner approved by the Town Engineer, replace and restore such street, sidewalk, easement and Swale, alley, public way or paved area in as good a condition as before the work involving such disturbance was done, and shall maintain such repairs for one year after the completion of same. (c) If at any time during the period of a franchise granted hereunder the Town shall lawfully elect to alter or change the grade of any street, easement- and swale, sidewalk, alley or other public way, or to relocate or install additional paving or utilities, Grantee, upon reasonable notice by the Town, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. (d) Any poles or other fixtures placed in any public way by Grantee shall be placed in such manner as not to interfere with usual travel or any utilities located in or on such public way. (e) Grantee shall, on the request of any person holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and Grantee shall have -10- the authority to require such payment in advance. Grantee shall be given not less than seventy -two (72) hours' advance notice to arrange for such temporary wire changes. (f) Grantee shall have the authority to trim trees upon and overhanging streets, easements and swales, alleys, sidewalks and public ways and places of the Town, so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee; except that, at the option of the Town, upon request of Grantee, such trimming may be done by Town or under Town's supervision and direction at the expense of Grantee. (g) In all sections of the Town where the cables, wires or other like facilities of public utilities are presently placed underground or are required to be so placed underground at any time in the future, Grantee shall place its cables, wires or other like facilities underground to the maximum extent that existing technology reasonably permits the Grantee to do so. (h) The Town shall not be required to assume any responsibility for the securing of any rights -of -way or easements, nor shall the Town be responsible for securing any permits or agreements with other persons or utilities. Sec. 10 -14. Employment practices. (a) Equal opportunity in employment shall be afforded all qualified persons by Grantee and no person shall be discriminated against because of race, color, religion, national origin or sex. (b) Grantee shall establish and adhere to the procedures, policies and reporting requirements established by Section 633 of the Cable Act and the regulations adopted thereunder. Sec. 10 -15. Removal of facilities upon requests. Upon termination of service to any subscriber, Grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request, except those facilities and equipment located in Public Facilities. -11- Sec. 10 -16. Transfer of franchise. Grantee shall not transfer its franchise to another person or corporation without prior approval of the Town Commission by resolution. It shall be considered a transfer of its franchise and prior approval of the Town Commission shall be required where ownership or control of more than twenty percent (20 %) of the right of control of Grantee is acquired by a person or group of persons acting in concert, none of whom already own or control Grantee singularly or collectively. By its acceptance of its franchise, Grantee specifically agrees that any such acquisition occurring without prior approval of the Town Commission shall constitute a violation of its franchise. Neither the transfer of twenty percent (20 %) or less of the ownership of the right to control of Grantee nor transfer by Grantee to a parent or subsidiary of a franchise issued hereunder shall be deemed a violation of Grantee's franchise or this ordinance; provided that the Grantee shall give notice to the Town of such transfer and, after notice, the transferee shall act as Grantee. Sec. 10 -17. Town rights in franchise. (a) The right is hereby reserved to the Town or the Town Commission to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power; provided that such regulations, by ordinance or otherwise, shall not conflict with the rights granted as in Grantee's franchise issued hereunder. (b) The Town shall have the right to inspect during Grantee's normal business hours the books, records, maps, plans and other like materials of Grantee, as such books, records, maps, plans and other materials relate to or affect Grantee's financial obligations to the Town set forth in this chapter. (c) The Town shall have the right, during the lite of a franchise issued hereunder, to install and maintain free of charge upon the poles of the Grantee any wire and pole fixtures -12- necessary for a police alarm system, on the condition that such wire and pole fixtures do not interfere with the operations of Grantee's System. (d) The Town shall have the right to supervise all construction or installation work performed by Grantee under this ordinance or its franchise and make such inspections as it shall find necessary to insure compliance with the terms of this ordinance and other pertinent provisions of law. (e) The Town's rights with respect to the renewal and purchase of the Grantee's franchise are set forth in Sections 626 and 627 of the Cable Act. Sec. 10 -18. Maps, plats and reports. (a) upon request, Grantee shall file with the Town Engineer accurate maps of its System, showing construction and distribution networks, and Grantee shall maintain same current. (b) Grantee shall file annually with the Town Finance Director, within ninety (90) days after the end of Grantee's fiscal year, a certified public accountant's statement of the gross receipts derived from Grantee's subscribers within the area designated by its franchise for said year. Sec. 10 -19. Payments to the Town. (a) Grantee shall pay the Town three percent (3 %) of the gross subscription revenue received by the company for cable television service provided to subscribers within the corporate limits of the Town as now or hereafter constituted. Said payments shall be made on a quarterly basis. (b) Gross subscription revenue shall mean all revenue received by Grantee for providing basic, expanded basic, premium, pay and other video and audio services to subscribers. Sec. 10 -20. Forfeiture of franchise and liquidated damages (a) In addition to all other rights and powers pertaining to the Town by virtue of this ordinance or otherwise, the Town -13- reserves the right to revoke, terminate and cancel Grantee's franchise and all rights and privileges of the Grantee hereunder in the event that Grantee: (1) Violates any provision of this ordinance or its franchise or any lawful rule, order or determination of the Town or Town Commission made pursuant to this ordinance. (2) Becomes insolvent, is unable or unwilling to pay its debts, or is adjudged bankrupt. (3) Attempts to dispose of any of the facilities or property of the System with intent to prevent the Town from purchasing same. (4) Attempts to evade any of the provisions of this ordinance or practices any fraud or deceit upon the Town. (5) Fails to submit applications for all necessary licenses and permits within thirty (30) days after grant of its franchise, copies of which applications shall be filed with the Town Clerk, and /or fails to commence construction within sixty (60) days after Grantee's receipt of all required licenses and permits. (6) Fails to construct the system or to extend service in accordance with the provisions of Section 10 -5 of this chapter. The Town Manager may, rather than seeking a declaration of torteiture, require the payment of liquidated damages of up to fifty dollars ($50.00) per day for failure to comply with the requirements of Section 10 -5 within sixty (60) days after notice by the Town to comply. The Town Manager shall be the sole and final arbiter of all disputes and conflicts regarding provision of service under Section 10 -5 and compliance with all requirements set forth therein, and his decision shall be final and binding. The imposition of liquidated damages shall not constitute a waiver of the Town's right to halt the running of liquidated damages and /or seek a forfieture of the franchise. (b) Such revocation, termination and cancellation shall be as follows: -14- (1) Notice shall be sent from the Town by the Town Manager to Grantee, by registered or certified mail or hand delivery. (2) Said notice shall specify in a general way, so as to be reasonably understood, the particular terms, conditions or provisions of the franchise or ordinance which have been or are being violated, and shall name a reasonable time not less than twenty (20) days thereafter, within which to strictly comply with such terms, conditions or provisions. (3) If Grantee shall, after service of such notice, fail to comply or undertake and maintain diligent efforts to comply with any of such terms, conditions or provisions within the time therein prescribed (not less than twenty (20) days), then the Town shall initiate a proceeding before the Town Commission for the forfeiture of Grantee's said franchise, grants, privileges, rights, licenses and immunities. (4) Upon failure of Grantee to comply with any such terms, conditions or provisions of said notice within the reasonable time specified therein, the Town may remove from any streets, alleys, or easements all property of Grantee, as if no franchise, grant, privilege, right, license or immunity had ever been given. Sec. 10 -21. Town's right of intervention Grantee agrees not to oppose intervention by the Town in any suit or proceeding to which Grantee is a party. Sec. 10 -22. Further agreement and waiver by Grantee The Grantee agrees to abide by all provisions of this ordinance and its franchise, and further agrees that it will not at any future time set up as against the Town or the Town Commission the claim that the provisions of this ordinance or its franchise are unreasonable, arbitrary 'or void. -15- Sec. 10 -23. Application for new franchise of franchise; application and renewal fees. duration and renewal (a) Any application for a new franchise or for an expansion of an existing franchise shall be submitted to the Town Manager in triplicate and shall include, at a minimum, the following information: (1) The name, address and telephone number of the applicant and the name and address of the person or persons who are authorized to act on applicant's behalf. (2) If applicant is a corporation, partnership or any entity other than an individual, the name, address and telephone number of each person owning or controlling more than five percent (5%) of the voting rights or control of such entity. (3) Any agreements or arrangements whether or not in writing, with any individual(s), corporation(s), partnership(s) or other entity(ies) for the purchase, sale or other transfer of any ownershp interest in the System or any entity owning an interest in the System. (4) The details of any criminal proceeding against the applicant, any of the individuals o= entities described in subparagraphs (2) and (3) above, any director or officer or manager of the applicant or any affiliated company. (5) The details of any civil proceeding in which the applicant, any officer, manager, or director of applicant, any of the individuals or entities described in subparagraphs (2) and (3) above or any affiliated company was found to be liable for or agreed to a settlement of an unfair, deceptive or anticompetitive business practice including any violation of state or federal antitrust laws. (6) The details of any penalty assessed or proceeding conducted against applicant, any of the individuals or entities described in subparagraphs (2) and (3) above, any director, officer or manager of applicant or any affiliated company arising from a violation or alleged violation of any franchise for cable television or similar services. -16- (7) The details of each cable television system owned, or managed by applicant, any of the persons named in subparagraphs (2) and (3) above, any director, officer or manager of the applicant or any atfidated company including: (i) the location of the System, (ii) the number of subscribers, (iii) the number of years of ownership,. (iv) the number of years the System has existed, and (v) the name and address of a public in the city or county in which the System is located who has knowledge of the performance of the owners of the Systems. (8) The name and address and experience of the manager, chief technician and billing supervisior of the System. (9) The financial plan for the first three years of operation of the System in sufficient detail to show with particularity the sources of all funds to be used in the acquisition and operation of the System and the expenses to be incurred including all capital and operational expenses. (10) A detailed description of the System to be constructed including at a minimum: (i) the type and location of any antennas and satellite earth stations to be used, (ii) the headend design including a detail of all equipment to be used, (iii) the distribution system, including the cable plant, active and passive electronics power supplies, standby power supplies, and (iv) the type and model of converters to be used, (11) The channel capacity of the System. (12) The steps taken to insure that the System can be connected with other systems for area -wide broadcasts which may be locally orginated. -17- (13) A description of the System policies regarding restoration of interrupted service, System maintenance, receiving and acting on subscriber complaints, keeping records or complaints and the criteria for addition of employees for maintenance, repair and complaint response. (14) A detailed description of the area to be served and the timetable for construction of the System. (b) Within thirty (30) days of receipt of an application submitted pursuant to paragraph (a) above, the Town Manager shall notify the applicant of any apparent deficiencies in the information required. When all required information has been submitted, the Town Manager shall notify all holders of existing franchises and the applicant that the application is ready for initial review by the Town Commission which review shall occur no sooner than thirty (30) days after such notice. Such review shall be conducted at a public hearing after proper public notice. (c) In considering the application for the award or expansion of a franchise the Town Commission shall make an affirmative finding that (1) the level of service currently provided by existing Grantees is inadequate to and does not meet the demonstrated needs of the community, (2) that the existence of an additional franchise will not endanger service to the subscribers of any existing Grantee and (3) that the applicant has the demonstrated experience, financial ability, and character to construct the proposed System and make available a high quality Cable Television System to all of the residents of Gulf Stream. (d) All applications for a franchise or the expansion of all existing franchise shall be in the form required by the Town and shall be accompanied by a five thousand dollar ($5,000.00) nonrefundable application fee which shall be used by the Town to process the application and set up the terms of any new franchise agreements. Is= Sec. 10 -24. Duration and acceptance of franchise (a) The rights and privileges granted hereunder shall commence on the date speciti,,�d in the franchise issued to Grantee and continue for a period of fifteen (15) years unless sooner terminated as herein provided or as provided in the franchise. (b) Within thirty (30) days after award of its franchise, Grantee shall file with the Town Clerk its unconditional acceptance of its franchise and agreement to comply with and abide by all of its provisions, terms, conditions, and requirements of the franchise and this ordinance. Sec. 10 -25. Renewal of franchise. (a) At the termination of the initial franchise period, the rights and privileges granted hereunder may be renewed for the existing Grantee pursuant to the provisions of Section 626 of the Cable Act. (b) All applications for a renewal of a franchise shall be in the form required by the Town and shall be accompanied by a five thousand dollar ($5,000.00) nonrefundable application tee which shall be used by the Town to process the application and set up the terms of any new franchise agreements. Sec. 10 -26. Erection, removal and common user of poles. (a) No underground facilities, poles or other wire - holding structures shall be erected by Grantee without prior approval of the Town Engineer with regard to location, height, type and any other pertinent aspect. However, the approval of the location of any underground facility, pole or wire - holding structure of Grantee shall not create a vested right in Grantee for the use of that location, and such poles or structures shall be removed or modified by Grantee at its own expense whenever the Town Manager reasonably determines that the public convenience would be enhanced thereby. -19- (b) Where poles or other wire - holding structures are already existing for use in serving the Town and are available for use by Grantee, but Grantee does not make arrangements for such use, the Town Commission may require Grantee to use such poles and structures it it determines that the public convenience would be enhanced thereby and the terms of the use available to the Grantee are just and reasonable. (c) Where the Town or a public utility serving the Town desires to make use of the poles or other wire - holding structures of Grantee, but agreement therefor with Grantee cannot be reached, the Town Commission may require the Grantee to permit such use for such consideration and upon such terms as the Town Commission shall determine to be just and reasonable, if the Town Commission determines that the use would enhance the public convenience and would not unduly interfere with the Grantee's operations. Sec. 10 -27. Designation of channel capacity for public, educational or governmental use. Within one (1) year from the date of the award of a franchise hereunder but not before December 31, 1990, Grantee shall designate in writing and activate one channel for use by the Town, in common with other franchising authorities, for the broadcast by the Town or such other franchising authority or its duly established designee of such public, educational or governmental programming as desired from time to time by the Town or other franchising authority. The Town shall cooperate with other franchising authorities in utilizing the said channel. Sec. 10 -28. Leased Access Channels. When any Grantee shall have 36 or more (but less than 55) activated channels, as defined by Section 612 of the Cable Act, Grantee shall designate and make available to persons unaffiliated with the Grantee channels equaling ten percent (10`k) of such activated channels for commercial use upon such terms and conditions and for such access fees as shall be determined by -20- Grantee consistent with Section 612 of the Cable Act and the regulations thereunder. When Grantee shall have 56 or more such activated channels, Grantee shall designate and make available channels equaling fifteen percent (158) of such activated channels for such commercial use on such terms. At any time any channel(s) designated for commercial use hereunder are not actually being used by a third party, whether or not subject to a lease for such use, such channel(s) may be used by Grantee for any purpose consistent with this ordinance. This section shall be interpretted and construed to be consistent with the requirements of Section 612 of the Cable Act and the lawful regulations adopted thereunder. Pursuant to the authority granted under Section 612(h) of the Cable Act, the Town may require the lease of any channel space made available under this Section or under the Cable Act to prohibit or condition the exhibition of any programming which is, in the judgment of the Town, obscene or in conflict with community standards in that such programming is lewd, lascivious, filthy or indecent or otherwise unprotected by the Constitution of the United States. Sec. 10 -29. Rates and charges to subscribers. (a) The rates and charges for all cable television services offered by the Grantee, including all installation charges for such services, shall be set by the Grantee. (b) Notice of any increase in basic cable service rates and /or charges by the Grantee shall be given to subscribers in writing no less than thirty (30) days prior to the effective date of any such increase. Sec. 10 -30. Rules and Regulations. Grantee shall have the authority to promulgate such ruLes, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable Grantee to exercise its rights and to perform its obligations under ordinance and its franchise and to assure an uninterrupted -21- service to each and all its subscribers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof and shall be filed with the Town. Sec. 10 -31. Publication costs. Grantee shall assume the cost of publication of its franchise as such publication is required by law, and such is payable upon Grantee's filing of acceptance of its franchise. Sec. 10 -32. Severabilit If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction or becomes invalid under federal or state law or in the event that the Federal Communications Commission declares any section invalid, then such section or subsections including those affected by the decision will be renegotiated by the Town and the Grantee. All nonaffected sections and subsections shall be deemed separate, distinct and independent provisions and as such shall not be affected by the declaration of invalidity. Sec. 10 -33. Applicability and effective date. (a) This ordinance shall apply to all persons who apply for or are required to apply for a franchise, amendment to a franchise or renewal of a franchise for a Cable Television System in the Town. (b) This ordinance shall become effective upon adoption after second and final reading by the Town Commission. -22- PASSED AND ADOPTED on DLv„Q READING this St4,,, day of 1986. MAYOR ATTEST: TOWN CLERK b Q. i