Loading...
HomeMy Public PortalAbout10/09/1987N COMMISSIONERS TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA WILLIAM F. KOCH. JR., Mayor ALAN I. ARMOUR, Vice Mayor LAWRENCE F STAHL JAMES T. SKELLY, JR, JAMES E. CROSS AGENDA COMMISSION MEETING OCTOBER 9, 1987 1. Roll Call. 2. Approval of Minutes Budget Hearing September 8, 1987, regular Commission Meeting, September 11, 1987 and Budget Hearing September 18, 1987. 3. Financial Report. 4. Police Report. 5. Planning and Zoning Board report. a. Request by Mrs. Scott Tiernan to divide a portion of their garage into a maids quarters. b. Site Plan review - Mr, and MRs. Hedendal, 3345 Oleander Way to add an extension to their existing residence. c. Site Plan review - Mr. and Mrs. Natapow, to build a single family residence, Lot 1, Pope sub - division. 6. SECOND and FINAL reading of Ordinance 87 -5. PROVIDING FOR RESTRICTIONS RELATING TO THE PROTECTION OF "SEA TURTLES ". 7. SECOND and FINAL reading of Ordinance 87 -6. AMENDING ITS CODE OF ORDINANCES TO REFLECT CHANGES MADE IN CERTAIN RATES. 8. Commission Comments, 9. Public Comments, 10. Adjournment. a MAIL ADDRESS 100 SEA ROAD GULF STREAM FLORIDA TEL: TREAM 2785116 Town Manager WILLIAM E. GWYNN Assistant Town Manager-Town Clerk BARBARA GWYNN Chief of Police JAMES GREER i. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS 100 SEA ROAD WILLIAM F. KOCH, JR., Mayor GULF STREAM, FLORIDA ALAN I ARMOUR. Vice Mayor TEL.: GULF STREAM LAWRENCE E STAHL TUVN CC MISSION M LNG 2765116 JAMES T. SKELLY, JR. JAMES E. CROSS Town Manager MIN= WILLIAM E. GWYNN Assistant Town Manager Town Clerk BARBARA GWYNN T._.. o 0c t 9, 1987 Chief of Police —r JAMES GREER The meeting was called to order at 9:00 a.m. by Vice -Mayor Alan I. Armour, presiding. 1. Roll Call Present: Alan I. Armour Vice -Mayor James E. Cross Conudssioner James T. Skelly, Jr. Commissioner Lawrence E. Stahl Commissioner Also present: Joyce Conway Barbara Gwynn William Gwynn James Greer William Mayer Mr. Nichols Mrs. Natapow Town Attorney's Office Town Clerk Town Manager Chief of Police Chairman, Planning & Zoning Board For Mr. and Mrs. Natapow Absent: William F. Koch, Jr_ Mayor 2. Minutes On motion duly made and seconded the Minutes of the September 8, 1987 meeting of the Town Co mtission were approved. The Minutes of the September 11, 1987 meeting of the Town Commission were amended as follows: The third paragraph, page two, item number 4, relating to the Gate House at Place Au Soleil shall read "After further discussion the co mission approved a motion duly made and seconded that all construction expenses associated with said Gate House will be borne by Place Au Soleil and that includes utilities, road repairs, landscaping, telephone lines and anything to do with the construction and that it will be turned over as a cmpleted package to the Town ". Also, the last line of the second paragraph, be changed to read that the Place Au Soleil Hare Owner's Association would not be held responsible for the maintenance of the Gate House upon completion of construction. On Motion duly made and seconded the amended Minutes of the September 11, 1987 meeting were approved. On Notion duly made and seconded the Minutes of the September 15, 1987 meeting were approved. Tab Commission Meeting October 9, 1987 Minutes Page Two 3. Financial Report on Notion duly made and seconded the Commission accepted the Financial Report for September, 1987 presented by Town Manager Wn. Gwynn. 4. Police Report Police Commissioner Cross congratulated Chief Greer on his recovery from injury received while apprehending a suspect and on the excellent performance of one of his officers namely, William Henry. Mr. Cross then read the Commendation given to Officer Henry by Chief Greer, copy of which is attached to these Minutes. Commissioner Cross endorsed the Commendation and stated that a signed copy of this Commendation will be prepared. Chief Greer reported on his department's activities during the past month in detail. Chief Greer then read a letter from Ms. L. Kim Jones of the Department of Natural Resources thanking the Gulf Stream Police Department for the assistance, perseverance and support given the effort to protect the sea turtles and their nests. 5. Planning and Zoning Board Report - Site Plan Review (a) Request by Mrs. Scott Tiernan to divide portion of garage into maid's quarters. In order to keep the Ccnmission informed, Mr. Mayer presented the site plan stating that said plan must be submitted if a certain amount of money is expended. No action need be taken by the Commission. (b) Mr. and Mrs. Hedendal, 3345 oleander Way, to add extension to existing residence. Inasmuch as the construction meets all Town of Gulf Stream requirements and no variance is needed, the Commission, on motion duly nude and seconded, approved this request. (c) Mr. and Mrs. Natapow, Lot 1, Pope sub - division, to build a single - family residence. To confirm previous agreement on the maintenance of the cul-de -sac (a public road) the Commission requires the owner's attorney corroborate this agreement in a written instrument to the Commission prior to the issuance of a Permit. All other requirements having been met the Commission, on motion duly made and seconded, approved this request. 6• Second and Final reading of Ordinance 87 -5 of the Town of Gulf Stream. Mr. (XVy= read the Title as follows: AN ORDINANCE OF THE TOWN COMNIISSION OF THE 'TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR RESTRICTIONS RELATING TO THE PROTECTION OF "SEA TURTLES "; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. On Motion duly made and seconded the Commission approved said Ordinance. Tov,n Commission Meeting October 9, 1987 Minutes Page Three 7. Second and Final reading of Town of Gulf Stream Ordinance 87 -6. Mr. Gwynn read the Title of said Ordinance entitled: AN ORDINANCE OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, EWRIDA. AMENDING ITS CODE OF ORDINANCES TO REFLECT CHANGES MADE IN CERTAIN RATES, PERCENTS AND FEES AS NOW CONTAINED IN THE ORDINANCES. THESE ANTI MENTS ARE THE RESULT OF THE MANAGEZAENT r,r -rmF:R FROM ERNST & WHINNEY, CERTIFIED PUBLIC ACCOUNTANTS, AND CONTAINED IN THE AUDIT REPORT FOR THE YEAR ENDED SEPraviBER 30, 1987. On Motion duly made and seconded the Commission approved the Ordinance. 8. Mr. Gwynn read a letter from F.I.N.D. regarding the land known as the "spoil area" and the Town of Gulf Stream request to lease said area. The letter stated that the Board of Directors of F.I.N.D. at its meeting on September 11, 1987 concurred in the Town of Gulf Stream request to lease the north side of the area. Said lease will be sent to the Town Commission of the Town of Gulf Stream for review and approval prior to final approval by the Board of Directors of F.I.N.D. Discussion was held on the Treasure Coast Regional Planning Council meeting of September 18, 1987. The Commission will review the draft of the Comprehensive Plan with Terry Clark in the near future, possbily at a working meeting. 9. Mr. Armour requested comments from the public. 10. There being no further business the meeting was adjourned at 9:25 a.m. Town C1 90UJl2 Of 0U f cStTEam POLICE DEPARTMENT James W. Chief of Policer C(MENDATION On April 3, 1987, on -duty officer William Henry was driving on Federal Hwy, in the City limits of Boynton Beach, when he was flagged down by a motorist. After stopping his vehicle and approaching the driver of the vehicle which had an apparent problem, Officer Henry discovered a passenger in the vehicle slumped over and unconcious. Officer Henry quickly examined the victim and noted that she was not breathing. Officer Henry then administered aid and breathing was restored. At this time, victim, later identified as Barbara Curry, experienced a seizure and began choking. CDC (dispatch) was notified to send the Boynton Beach paramedics /fire rescue. Officer Henry continued to give aid until the arrival of the emergency units. By this time the victim was breathing again and in a calm state. Victim was then transported to Bethesda Hospital where she remained for ten days. The paramedics at the scene have advised that Officer Henry acted in a very professional and knowledgeable manner, and in all probability, may have saved the life of the victim. The victim has stated that Officer Henry acted in a very calm and knowledgeable manner and was able to sooth even her mother (the driver of the vehicle), who had apparently become very upset over the incident. The victim does not remem- ber too much about the incident, but does feel that Officer Henry may have saved her life. Due to the above facts, it is my opinion that Officer William Henry deserves the honor of his Commendation. I am very proud to have an officer of his professional calibre employed by the Town of Gulf ,Stream.' Sincerely, c.James W. Greer Chief of Police C' 246 Sea Road, Gulf Stream, Florida 33444 Administration 278.8611 or 736.0404 L. KIM JONES PROFESSIONAL ENGINEER 4600 N. OCEAN BLVD. BOYNTON BEACH, FLORIDA 33435 305/278-0118 October 7, 1987 Chief James W. Greer GULF STREAM POLICE DEPARTMENT 246 Sea Road Gulf Stream, Florida 33483 Dear Chief Greer: It is with extreme gratitude and appreciation that I compose this letter of thanks to you, and your force, for all the assistance, perseverance and support which you gave to me this summer. I cannot tell you how relieved I was to hear that you had successfully apprehended our individual which repeatedly drove his ATC over the turtle nests. I realize that this was a task which required long hours and proper planning. The end result, however, was an arrest and I give your force full credit for this feat. I would also like to mention to you that I have notified my cohorts in the Department of Natural Resources of your initiation of a voluntary beach lighting ordinance to protect not only our nesting females but our hatchlings from disorientation and severe vulnerability; as well as voicing strong encouragement to protect nests and hatchlings on beaches which are cleaned by mechanical means. I regret that I cannot summarize more effectively all the time and effort you have put into the protection of our threatened and endangered sea turtles, however, I believe that we both feel comfortable in knowing we have done our part in an attempt to save a species which has survived for over one hundred fifty million years yet, only now, cannot produce young in sufficient numbers to continue its existence. I thank you. Very rul yours, L?la/ Miss L. Ki Jones, P.E. LKJ /dr CC: Board of Commissioners G H (D O rt Hy m r C c r m 0 o t N m. qO r £ a w m m m n n ( ro O n a m w n m ro W m r r m J to m 0 to N m lP la) m r kD a P m W O N w m F r m m to m �3 N I 0 In O 0 O 0 O c O O 0 0 0 00 M r H H H Fl •n Nm N v m c c IF' J tO `DO h] G o 00 O w O -00 m N H N Q m H m m N J lO N � N m x o c c to w N h] : ro C rmr o m(D Y ro ro H• m K m rt rt H m n rt H �3 H 0 (mD a y m m w rrrom rt t G m 11 rt Ill ti M G r M M c) m m �a w m 0 rt ro o 0 m m CL m fl e, m El � rt rt OU n rt o m o "C p m H m m m r m N• ma N H m J W G N 0 m5 x G W rt a 0 m H rt O O H 0 o �• r a m r rr a N m N H N OD w wto m N J lO N � N N J m H W W ,C. 0) c 0 0 S) N N N CD w N r w o m O O o w n O 0 0 0 0 0 0 0 0 0 0 0 �o N H 1P N N to F' to .r] H m J m H H m N O O O n XP tO O O O n to W N O O A P W W w tO r N O H£ rwr O H hl H m r 10 h] : ro C p w m rt n n] rt Fl- m H• m K m rt rt H 7 w w rt w o �3 H 0 �3 m m m m m m rt m (D ro G m 11 ro K tr n m� r• N c) m m �a w m m m fl e, m m � rt rt OU O rt N (D "C tn 0 m r m N• N H m G N 0 x rt ftl (D 0 o �• m a a P W W w tO r N O W 0 H N m 0 0 0 W m Vt n O O O to tD W W tD r r m W w O 0 0 00 0 0 0 0 0 m H N N N W P P J 0 0 N N 0 O J O N to In O iP O n O 00 to 00 O 00 qqO t� r m m H m N N lO m J to N J J O J lP N m .N m m m 00 .P tO (n In 0 r m J N m lJl I N O m m O W m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N l to to r to r N N In In W J to m W 1 O O kA O Al O O/ 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 to to N J tD O M [. I� n R H O to Irm,� H n c M H O O [T1 O H m cd m J H co Z b] `L d x ro 0 0 R � � o R M m r 3y n] r r C r m CD H J O �v ro � H z ro O O z H rt (D (D G r fD h] o m N N. O E a w (D fi rt H �Oi H '?1 O 0 a �ry (D w K N Ch (D w m H H OD J lw to m P m N m D H 00 a m co 0 O co m N .w rt H- (D H• OD F1 (D rt rr Fi v W D) rt w m p N w N (D (D (D N G (D rt 0 O O 00 m L] W H (n m In m FU PJ n h N (D b O ro ro :5 rt ova NN 71 Frt .. N o C�C hG' r ham' �Mi G) 7 N a N "9 O O 3 m n rt o m0 H O m 1 Ft mw J tq m � G tq a H (D R O rt o r cn N rt 0 a N Ot H H H wH wtD 0 m N J l,n ^NI W iP 4t0 • O O J 10 1D O m 0 0 00 O t0 o co L] W H (n m In m FU PJ n h N (D b O ro ro :5 rt ova NN 71 Frt .. N o C�C hG' r ham' �Mi G) 7 N a N "9 O O 3 m n rt o m0 H O m 1 Ft mw J tq m � G tq a H (D R O rt o r cn N rt 0 a N Ot N H N m wH wtD 0 N J N p N N J 0) n H W W iP 4t0 • O O 0 N m D H W t0 m % O W to i i O 0 0 O O O O O 0 N H �N N n n H n H m J H H I-Wz m 0 0 0 In a 0 o 0 o to t0 N O O P .P W N m H o W H N m H E rt O H tV H m r ro h7 v ro C G N (D rt Fi M G rt H- (D H• (D F1 (D rt rr Fi v W D) rt W 0 G" 0 7 (D (D (D N G (D rt (D 9 (D b G �'S h7 n G• O H (D G H• N 0 (D (D •• En N O N N rt R+ N rt (GD 1.4 H r (D 0 N N H• W (D < ~ O k H. 3+ G N m a a .P W N m H o W H N m J w m to Ln O LD O lW 0 H H N N 1011�1 IO J 00 N m lo J O H n 0 O 0 H H N N H w a J 00 N m N O 0 J O H n to O .D. o to o O o o 00 O 00 O H m rn H m IN IH tD 0) J 0 N J J O J to N 61 .P N J 1P 0) 0) m O O XP t0 a1 In H m J N 61 to N O 41 m O W m m O 0 0 0 0 0 0 0 0 O O O O O O O O O N H (n n H to H N N In l.n W J .P LD 01 w 0040.P O o to 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 In ID N J m l0 0 .0 I� 0i r 0 0 m Im H 0 z 0 d vy to I W H to m m F-3 00 G t� z� O Lzq G H H O � ( m m [7 L rrC H r F 0 r D m J O ro H z m S a th to e w H m t+ m v m 0 0 0 r 0 o m a a m a m o z W w z o W C O m AL o mm mm H. m x m i x 'G `G O k 'C tj m H Ln M .P .P w �j O W W m O W O 00 0) m H. O l0 00 m a ro J w w m m O m ro w H sn m F1 w o w mr a PT, x Fs x x rt Z m m m m m m F•• m m o m 0 a H. n rtrt o rt rt M m H. h7 m ° m m >> m ro m m n 0 n n m I A i to m to in to m O O O O Fl. 0303 [h m ttl �S m O W al 0 a w a w w wo r a� m tnw ow 4 m rt rt rt rt H. 0 0 a �a� m om o n 0 0 0 .a m co .o o m M 0 o S LD O O J E W O W O m wt7 (D w rrZ m K W r n r rs r r• 00 o o W M m ro m H H H O o r• r a W x ro z 0 4 M n H H z° to to to m to to r r r 0 a• A w 61 01 t0 0 m 0 O m Ln In O .P .P w W O W O W '3 W O 00 0) m 0 O l0 00 J O 00 J O m O m O m W z 0 t� m z to m to in to m 0303 I 0) m O W al 0 iP w � iP tr0 w wo r N W m tnw ow 4 m 0 0 a �a� m om o W 1 0 0 0 .a m co .o o m c io 0 r O O O J O -I W O W O m w K m r 00 W m H O E 0 ro n] m H r TOWN OF GULF STREAM Financial Report October, 1987 Balances 9/30/87 Deposits Withdrawals Balances 10/31/87 Receipts Transfer from MMA Cable T.V. Franchise Fines Lot mowing Licenses Water Trash Other Permits County Gas Tax Cigarette Tax Invested Funds General Funds Water Dredging Sinking OPERATING ACCOUNT $ 32,712.48 98,305.68 87,119.84 43,898.32 50,000.00 619.81 745.25 60.00 6,229.43 30,859.16 6,956.00 116.08 776.00 1,790.25 153.70 TOTAL $98,305.68 68,986.67 62,460.08 49,350.60 4,392.78 FINANCIAL REPORT (Cont'd.) October 1987 #5205 Barnett Bank 5206 Barnett Bank )7 Delray Municipal Credit Union J208 U.S.C.M. 5209 American Bankers Ins. Program 5210 American Bankers Ins. Program 5211 Clarence Sova 5212 Florida League of Cities 5213 City of Delray Beach 5214 Palm Beach Newspapers 5215 R & R Uniforms, Inc. 5216 Resource Engineering & P1an.Inc. 5217 Western Auto Assoc. Store 5218 AT &T 5219 County Sanitation 5220 Ernst & Whinney 5221 Dry Cleaning Unlimited 5222 FCCMA 5223 Florida League of Cities 5224 Florida Shore & Beach Preservation 5225 William E. Gwynn, Accountant 5226 William E. Gwynn, Accountant 5227 Telpage Palm Beach 5228 Kirk Materials, Inc. 5229 Maury's Tool Chest, Inc. 5230 Edgar Office Supply Co. 5231 Max Davis Assoc. ­32 Milner Document Products 33 Town of Ocean Ridge 5234 Ocean City Lumber Co. 5235 Palm Bch. Co. Mun. League 5236 Purity Uniforms 5237 Southern Bell 5238 Scott Electrical Constr. Corp. 5239 Southern Bldg. Code Congress Int. 5240 Bethesda Radiology Assoc. 5241 FL Mun. Health Trust Fund 5242 Smith & Wesson Academy 5243 Anne R. Ford 5244 Bo -Del 5245 Max Davis 5246 City of Delray Beach 5247 Doctor's Answering Service 5248 Easy Pay Trie Stores 5249 F P & L 5250 Flagcraft, Inc. 5251 Fairchild - Lowell Corp. 5252 Hand's Office Supply 5253 Harvel & DeLand 5254 Johnston, Sasser, Randolph, etc. 5255 Midway Garden Center 5256 New of Delray Beach G ')57 Superior Surgical ;8 So. FL Laundry & Drycleaners :,159 Standard Sanitary Supplies Page 2 Employee Payroll Payroll taxes Employee Employee Flood Insurance Flood Insurance Reimbursement for supplies AD & D Coverage Water Advertisement Uniforms F.I.N.D. Police and Sanitation September October service Professional Services for year end 9/30/87 Police Dept. Membership dues 1987 -1988 Annual membership 1987 -1988 Membership dues 1987 -1988 Accounting, Sec'y. Svcs., & Car Allow. Computer water bi- monthly billing svcs. Pagers - Police & Public Works Trash hauled for residents Public Works Police Dept. Town Hall Supplies Police Dept. Qtr. Installment Fire Contract Public Works Annual dues Public Works Public Works Fountain Light Timer Membership - 1987 -1988 Police Emergency Insurance Premium - Employee Police Dept. Minutes - P &Z - Town Comm. Police Dept. Paper Water October service Police Dept. Street, Police. Dept., Public Works, T.H. Flags - Town Hall Appreciation Plaque from Police Dept. Town Hall and Office Supplies Water Meter Main. Sept. Legal Fees Sod - Town Hall Ad - Tax Uniforms Police Dept. Cleaning Supplies FINANCIAL REPORT (Cont'd.) Page 3 October 1987 #t .60 Bill Wallace Ford Police Dept. it Barnett Bank Employee payroll 5262 Barnett Bank Payroll taxes 5263 Delray Mun. Emp. Credit Union Employee 5264 U.S.C.M. Employee deferred comp. 5265 I.D.S. Employee Pension Fund. 5266 Palm Beach Jr. College Police Dept. 5267 Broward Comm. College Police Dept. 5268 FL Mun. Health Trust Fund Employee 5269 southern Bell Town Hall 5270 Town of G.S. - Police Chief Acct. Replenish checkbook TOTAL 42.50 10,933.94 4,746.62 1,142.44 995.00 2,587.75 7.00 55.00 2,517.60 243.19 293.41 $87,119.84 COMMISSIONERS William F. Koch, Jr., Mayor Alan I. Armour, Vice Mayor Robert J. Dlxson Brian Pfelfler James E. Cross TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA November 5, 1987 The following pay scale is hereby adopted for the Fiscal Year 10/1/87 - 9/30/88 Chief Captain Sergeant Patrolman Police Secretary Manager Sanitation Supervisor Sanitation Assistant Assistant Town Manager & Town Clerk Sanitation Driver Assistant Code Enforcement Officer 42,343 32,632 27,600 21,925 - 26,024 19,466 30,593 25,022 18,304 20,000 18,076 9,600 MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33444 TEL.: GULF STREAM 2765116 Town Manager WILLIAM E. GWYNN Aaalstanl Town Manager-Town Clerk BARBARA GWYNN Chief of Police JAMES GREER ORDINANCE NO. 87 -5 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR RESTRICTIONS RELATING TO THE PROTECTION OF "SEA TURTLES "; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Gulf Stream, Florida has included within its corporate limits oceanfront beaches which serve as a nesting habitat for sea turtles; and WHEREAS, existing and proposed development threatens the survival of turtle hatchlings because improper location of artificial light may cause disorientation in young hatchlings; and WHEREAS, at least three species of sea turtles have been identified as a threatened and endangered species by Federal and State laws; and WHEREAS, the protection of sea turtles and hatchlings are Of significant interest and concern to the Town of Gulf Stream; and WHEREAS, the Town of Gulf Stream has and intends to continue to encourage volunteer individuals or groups who are licensed by the state to pursue turtle monitoring programs for the protection of turtle nests and hatchlings by identifying nests and relocating them if they are endangered; and WHEREAS, this ordinance is necessary to protect the natural reproductive cycle of sea turtles during the nesting and hatchling season which runs from approximately April 1- through October 31 of each year; and WHEREAS, it is the desire of the Town Commission of the Town of Gulf Stream to opt out of the Palm Beach County Sea Turtle Protection Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA AS FOLLOWS: SECTION I. Purpose. The purpose of this ordinance is to protect the threatened and endangered sea turtles which nest along the beaches of the Town of Gulf Stream Florida by safegarding the sea turtles and hatchlings from the impact of artificial light. SECTION II. Lighting Restriction alona the Beach The "Beach" is defined for purposes of this ordinance as being that land along the Atlantic Ocean extending either to the dune or permanent vegetation within the Town Limits of the Town 'of Gulf Stream. All oceanfront property owners are strongly encouraged to insure that no artificial light shall illuminate any area of the beach which may be used for turtle nesting and hatchlings. In order to accomplish this, the Town strongly encourages that all lighting shall be positioned or shielded, so that the light is not a visible source from the beach during the night period from April 1 to October 31 of each year. "Night Period" is defined herein as being that time after 10:00 p:m. through 7:00 a.m. SECTION III. Town Town and Florida Power and lighting at parks and any Town be subject to the following: & Light Owned Li Light owned street lights and owned beach access areas, shall (a) Whenever possible, such street lights shall be located so that the bulk of their illumination will travel away from the beach. Such lights shall be equipped with shades or shields that will, to the extent practical, prevent back lighting and render such lights not visible from the beach. (b) Lights at parks or other public beach access points shall be properly positioned or shielded; or, to the extent same are determined by the Town not to be necessary for public safety purposes, shall not be utilized during the period April 1 to October 31 of each year. (c) Enforcement and Penalty. This ordinance shall be enforced in accordance with the provisions of the Code of Ordinances of the Town and /or other applicable law. SECTION IV. For future oceanfront development, the Town shall review proposed plans and strongly encourage the applicant to insure that artificial light sources are positioned or shielded so as not to illuminate any area of the beach which may be used for sea turtle nesting and hatchlings. SECTION V. The Town strongly encourages that all mechanical beach cleaning activities designed to remove debris from the beach be conducted so as not to damage, alter, or destroy sea turtle nests or hatchlings. If complaints are received and the Town has probable cause to suspect that mechanical beach cleaning activities are damaging, altering or destroying sea turtle nests or hatchlings, the Town shall promptly notify the Florida Department of Natural Resources or other appropriate State or Federal regulatory agencies for appropriate enforcement actions. SECTION VI. The Town via the Police Department shall enforce applicable Federal and State laws and this ordinance if damage to sea turtles, sea turtle nests or hatchlings is observed and in addition, the Police Department shall promptly notify the Florida Department of Natural Resources or other Federal or State regulatory agencies for their additional enforcement actions and their direct supervision and assistance to relocate nests and /or hatchlings. SECTION VII. Severability. In the event that any court of competent jurisdiction shall hold that any provision of this ordinance is invalid or unenforceable, the same shall not effect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be invalid. SECTION VIII. Codification. This ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream, Florida. SECTION IX. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed or amended to be consistent with the terms of this ordinance. SECTION X. Effective Date. This ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED ON SECOND DAY OF OCTOBER , 1987. MAYOR READING THIS 9th ATTEST: Town Clerl TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA COMMISSIONERS MAIL ADDRESS 100 SEA ROAD WILLIAM F. KOCH, JR., Mayor GULF STREAM. /LF,LORIDA ALAN I. ARMOUR, Vice Mayor TEL GULI STA;�M LAWRENCE E. STAHL 2765116 JAMES T. SKELLY, JR. JAMES E. CROSS Town Manager WILLIAM E. GWYNN Assistant Town Manager Town Clerk BARBARA GWYNN TO: TOWN COMMISSIONERS Clilof of Polic rr JAMES GREER FROM: BUILDING DEPARTMENT Please add to your Agenda, under Planning and Zoning. A request from Mr. Harold Greenwood to construct an addition to his existing residence, 3603 North Ocean Blvd, A portion of Lot 8 replat of Lots 8 & 9 Gulf Stream Ocean Plats. Meets all setbacks. Did not go before the Planning and Zoning Board, but the building department would like to present it to the Board at this time since it meets all setbacks and presents no problems. u i kk i1 10t / /f u� Y Y 5 �yS r I 3 i�i �1 i? ncFUss # VG6ltAT10J I �I I l ti a• q� .D _� 19-0• } 15'.e° TIT u AIH� Avort,onl GVMt. faoL � \ � OI r GHISTI114 1 ♦ Z sYeP.Y 4•.0• ClK T.fiSIDENCE CJI'1111�- - PLA/MHl p,.JCO A0.EA HJI1.5T- I.P. - -- - �'TAT6 ROAD A-1-A, - SITE PLAN �c►�e ,. = 2d' -- y• I A N ATLAPTlc 066AQ i ' Tiop awivoq Z &*A" — — - I — -- — �c Ilua7ou � ; .l � I %i 6 r� A FAT�.'t.ti' J T'� A, i JOh NSTON, SASSER, RANDOLPH & WEAVER, P.A. ATTORNEYS AND COUNSELORS AT LAW 310 OKEECHOBEE BOULEVARD HARRY A. JOHNSTON H WEST PALM BEACH, FLORIDA 33402 HENRY F. LILIENTHAL DONALD J. SASSER' _ JOHN C. RANDOLPH P. O. BOX M 1902 1982 H. ADAMS WEAVER HARRY ALLISON JOHNSTON ANN MARIE G. REZZONICO 0894.1993 JOYCE A. CONWAY October 23, 1987 ' BOARD CERTIFIED (305) 655 OIOB MARITAL S FAMILY LAWYER Barbara Gwynn Town of Gulfstream 100 Sea Road Gulfstream, Florida 33444 Re: F.I.N.D. Lease Agreement, MSA 640 -640A Dear Barbara, You have forwarded for my review the above - referenced lease agreement, proposed by the Board of Commissioners of the Florida Inland Navigation District. My only concern with this lease is at page 2, item k and item 3. I presume that F.I.N.D. will not enter into a lease without including such language, but the Town should be made aware that by accepting this lease, it is relieving F.I.N.D. of any and all responsibility and liability for said property as to loss, damage, claims, etc., which may come about on the property. Additionally, pursuant to paragraph 3, the Town by agreeing to provide insurance is waiving its sovereign immunity provided by Florida Statute. I do not believe it is appropriate for the Town to do so. My suggestion would be that we attempt to negotiate with F.I.N.D. so as to hold F.I.N.D. harmless, to the extent of our sovereign immunity, from any and all claims which may arise as a result of the negligence of the lessee. I feel this is particularly appropriate because of the prior right and easement of the United States over the occupancy and use of this property. JCR /ajs Very truly yours, John C. Randolph LAI 1�r I• COMMISSIONERS M BRENT WADDELL CHAIRMAN MARTIN COUNTY JOE H. EARMAN VICE CHAIRMAN INDIAN RIVER COUNTY MYRON H. BURNSTEIN TREASURER BROWARD COUNTY TONY WALSH SECRETARY VOLUSIA COUNTY WILLIAM O. DERR DUVAL COUNTY DOUGLAS C. CRANE ST. JOHNS COUNTY BRYNN NEWTON FLAGLER COUNTY E.E. HARDEN, JR. BREVARD COUNTY JIM G. RUSSAKIS ST. LUCIE COUNTY WALTER A. MAYTON PALM BEACH COUNTY STANLEY E. GOODMAN DADE COUNTY STAFF STERLING K. EISIMINGER EXECUTIVE DIRECTOR ART WILDE ASST EXECUTIVE DIRECTOR NANCY BEERS ADMINISTRATIVE ASSISTANT FLORIDA INLAND NAVIGATION DISTRICT 12 October 1987 Ms. Barbara Gwynn, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Dear Ms. Gwynn: Reference is made to my letter of 16 September 1987 which informed you the Florida Inland Navigation District Board of Commissioners approved the Town of Gulf Stream's request to lease the FIND —owned property designated MSA 640- 640 —A. Enclosed are two copies of a Lease Agreement on the subject property. Request you have both copies executed and returned to me. I will return one copy to you after final approval by the FIND Board and execution by the Chairman and Secretary. Sincerely, St ing K. Eisimi ecutive Director SKE:rm Enc. ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY "q M' WIU ROAD, 1-m —. LDRroA -In Tri "I -- N < 2., L E A S E A G R E E M E N T THIS LEASE AGREEMENT made this day of , 1987, between the BOARD OF COMMISSIONERS, FLORIDA INLAND NAVIGATION DISTRICT, a body corporate created and existing under the laws of the State of Florida, hereinafter referred to as Lessor, and the TOWN OF GULF STREAM, FLORIDA, hereinafter referred to as Lessee. WHEREAS, the Lessor owns an approximately seven (7) acre parcel of land in Palm Beach County, Florida, designated as MSA 640 -640A, description of which is attached hereto as Schedule A and made a part hereto, for use by the United States in connection with the improvement and maintenance of the Intracoastal Waterway from Jacksonville to Miami, Florida and now holds the title thereto subject to easements heretofore granted by it to the United States of America for such use; and WHEREAS, said parcel of land is subject to occupancy and use at any time by the United States pursuant to said easements, and the Lessee has requested the Lessor to permit it to use said parcel of land for the purpose of preserving and maintaining existing wildlife and aquatic habitats, subject to said prior right and easement of the United States and to the terms and conditions of this lease; and WHEREAS, the Lessor is of the opinion that such use by the Lessee is in the public interest and should be granted for a limited term at a nominal rental subject only to the terms and conditions stated herein. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements herein contained, it is agreed by the parties hereto: 1. Subject to conditions stated herein, the Lessor does hereby lease the above - mentioned parcel of land as is and in its existing condition to the Lessee for a term of fifteen (15) years from the date hereof for use by the Town of Gulf Stream, Florida solely for the purpose of preserving and maintaining existing wildlife and aquatic habitat, an upon the condition that no structures or improvements of any kind are to be placed on said land without prior written consent of the Lessor. 2. Upon and subject to the terms and conditions stated herein, which it agrees to perform and abide by, the Lessee does hereby lease said parcel of land from the Lessor and further agrees: a. To accept the leased premises as is and in its existing condition. b. To promptly pay in advance a sum of $15.00 which represents an annual rental of ONE DOLLAR. -2- c. Not to permit or suffer any waste in or upon said premises, to strictly comply with any and all rules, regulations and requirements that may be imposed from time to time by virtue of the laws of the State of Florida or any rules and regulations of any govern- mental agency having jurisdiction over the leased premises. d. To permit the Lessor, or its duly authorized agents, free access to the leased premises at any and all reasonable times for the purpose of examining and inspecting same. e. Not to assign or sublet this lease, or any portion of the leased premises, without the written consent of the Lessor. f. Not to permit the use of said premises for purposes other than for the purposes as herein provided. g. To make no unlawful, improper or offensive use of the premises. h. At the termination of this lease, by lapse of time or otherwise, to yield immediate possession to the Lessor. i. To pay any and all taxes or assessments levied upon the leased premises during the terms of this lease. J. If any facilities are developed on this leased property within the provisions of this lease, to display prominently the fact the property is owned by, and leased from, the Florida Inland Navigation District. k. To save the Lessor harmless from any and all liability, loss, damage, claim, action, costs and attorney's fees resulting from or caused by any claim, loss or damage to person or property on or about or by reason of said leased premises. 3. The Lessee agrees to save the Lessor harmless from any liability by reason of property damages or personal liability to any person or persons, firm or corporation on or about said premises and to carry indemnity insurance as protection against said liability for the protection of the Lessor with a reputable insurance company to be approved by the Executive Director of the Lessor, with $500,000.00- $1,000,000.00 limits, such policies to be deposited with and receipted payments or premiums thereof sent to the said Executive Director during the term of this lease, or any extension thereof. 4. The Lessor and the Lessee further agree that: a. The Lessee shall not occupy, nor make any use of, the Lessor's property until the documentation described in paragraph 3 above has been received in the office of the Executive Director of the Lessor and the Lessee has in hand a written communication from the Executive Director confirming such receipt. -3- b. The Lessor retains the right to cancel this Lease Agreement with- out prior notification if the Lessee fails to keep the Executive Director of the Lessor informed in a timely manner of proof of renewal of insurance coverage or allows the insurance coverage, specified in paragraph 3 above, to lapse. c. The Lessor retains the right to cancel this Lease Agreement with 90 days written notice to the Lessee if the Lessee fails to conform to, or comply with, any of the conditions specified in paragraph 2 above. 5. This lease may be terminated by either party hereto, by giving notice in writing from the one party to the other ninety (90) days before the termination thereof and said notice may be given at any time during the term of this lease. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered in the presence of APPROVED AS TO FORM AND CORRECTNESS: BOARD OF COMMISSIONERS OF FLORIDA INLAND NAVIGATION DISTRICT By: Chairman Attest: Secretary TOWN OF GULF STREAM By: MAYOR Attest: CLERK (SEAL) (SEAL) SCHEDULE A MSA 640 That portion of the South 355 feet of the SE4 of the NE4 Section 4, Township 46 South, Range 43 East, Palm Beach County, embraced in a zone 360 feet wide when measured at right angles t lying West of and immediately adjoining the,West right of way li the Intracoastal Waterway from Jacksonville to Miami, Florida, e right of way line is shown on the plat recorded in Plat Book 17, 14 -A, of the public records of said Palm Beach County, Florida. Containing 3.00 acres, more or less. of Florida, o and ne of s that at Page MSA 640A All that certain tract or parcel of land situated in the Southeast Quarter of the Northeast Quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commence at the Southeast corner of said section 4 as a point of reference; thence North 010 56' 23" West, 2755.62 feet along the Easterly boundary of said Section 4 to the Quarter Section Corner; thence South 890 40' 42" West, 685.06 feet along the Southerly boundary of the Southeast Quarter of the Northeast Quarter of Section 4, Township 46 South, Range 43 East, to a point on the Westerly right of way line of the Intra- coastal Waterway from Jacksonville to Miami, Florida, as said right of way line is shown on a map recorded in the Public Records of said Palm Beach County in Plat Book 17, at Page 14 -A; thence continuing South 89 140'42" West, 367.95 feet along the aforesaid South boundary of the Northeast Quarrer Section line as a point of beginning. Thence from the point of beginning above described, continuing along aforesaid Quarter Section line North 89 °40'42" West, 260.31 feet to a pipe marking the Southwest Corner of the Southeast Quarter of the Northeast Quarter of aforesaid Section 4; thence North 01 °39'28" West, 452.82 feet along the Westerly boundary of the Southeast Quarter of the Northeast Quarter of said Section 4; thence North 89 °40'42" East, 735.03 feet to a point on the Westerly right of way line of the above mentioned Intra- coastal Waterway; thence continuing along said Westerly right of way line South 11 036'46" West, a distance of 100.00 feet; thence South 89 °40'42" West, 367.95 feet; thence South 11 036'46" West, 362.70 feet to the point of beginning. Containing 4.09 acres, more or less. SPINNER, DITTMAN, FICDICRsPMi. & Dt)WLING ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 501 EAST ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 IROBERT A. OITTMAN (305) 276 -2800 DONALD C. DOWLING ROBERT W. FEDERSPIEL, P.A. October 16, 1987 JOHN W. SPINNER WEST PALM BEACH LINE (305) 736 -0 <00 John C. Randolph, Esquire Johnston, Sasser, Randolph & Weaver, P.A. 310 Okeechobee Boulevard West Palm Beach, Florida 33402 Re: Town of Gulf Stream Dear John: As you may recall, the Town of Gulf Stream Commissioners, particularly Mayor Koch and Commissioner Armour, have, on numerous occasions, gone on record about the need for the Town to acquire access to F.I.N.D. MSA 641A south of Place Au Soleil subdivision, which F.I.N.D. property lies within the Town but lacks access. Mayor Koch and Commissioner Armour have requested that I try to work something out with the owners of the new Volvo dealership on Federal Highway abutting the southwesternmost part of Place Au Soleil and the west boundary of the F.I.N.D. property. I've made the contact, obtained the owners' approval of the idea, in principle, and have forwarded them a proposed license agreement between them and the Town, providing such access. A copy of this agreement is enclosed for your review. In that Mr. and Mrs. Bergh are coming down the week of the 18th, I'd appreciate getting your input on form and substance in the next few days. If same looks okay to you, I'll try to get copies signed up by them (assuming their counsel has no big objections) and then turn them in to Barbara Gwynn to get the matter on the agenda for consideration by the Town Commissioners. Thanks for your help. RAD:dr Enclosure Very truly yours, Robert A. Dittman cc: Hon. William F. Koch, Jr., Mayor Hon. Alan I. Armour, Vice Mayor Barbara Gwynn, Town Clerk PhEPARED BY Robert A. Dittman, Esq. 501 E. Atlantic Avenue Delray Beach, FL 33483 -5398 LICENSE AGREEMENT THIS LICENSE AGREEMENT is made between MARY BERGH and KJELL BERGH, here "Licensor ", and the TOWN OF GULF STREAM, existing under the laws of the State of referred to as "Licensee ", for the expressed. and entered into by and inafter referred to as a municipal corporation Florida, hereinafter purposes hereinafter WHEREAS, Licensor is the owner of certain real property described as: PARCEL 1: A parcel of land in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, bounded as follows: On the North by the South Line of Delray Beach Estates, according to the plat thereof, recorded in Plat Book 21, page 13; on the East, by the East line of the West Half (W. 1/2) of the West Half (W. 1/2) of the Southeast Quarter (S.E. 1/4) of said Section 4; on the West by the Easterly right -of -way line of State Road No. 5 (U.S. Highway No. 1) being a line parallel to and 50 feet Easterly from the centerline thereof; and on the South by line parallel to and 100 feet Southerly (measured at right angles) from the South line of said Delray Beach Estates; and PARCEL 2: Lot 43 and Lot 43 -A, Delray Beach Estates, a subivision of Palm Beach County, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, page 13; and PARCEL 3: Lots 41 and 42, Delray Beach Estates, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, page 13; together with the improvements thereon and the fixtures therein. Said property abuts, in part, certain property within the municipal limits of the Town of Gulf Stream, Florida; and WHEREAS, Licensee desires to obtain from Licensor a license which would allow for passage of police, fire, fire /rescue and other public service, personnel, vehicles and /or equipment under the jurisdiction of and /or under contract to Licensee upon and over the aforsaid property for the purpose of providing ingress and egress for such personnel, vehicles, and S SPINNER, DITTMAN. FEDERSPIEL 5 DOWLING "b1 rj5T ATLANTIC'AVF "- -'' " -t"AY MERCK FLORIDA 33a `5: 111-1111 equipment to and from the aforesaid abutting property within the municpal limits of the Town of Gulf Stream, Florida; and WHEREAS, Licensor is willing to grant such a license to Licensee on the terms and conditions hereinafter contained. NOW, THEREFORE, in consideration of the premises and the sum of TEN and 00 /100 DOLLARS ($10.00), in hand paid to Licensor, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference. 2. GRANT OF LICENSE. Licensor hereby grants a license to Licensee giving the police, fire, fire /rescue, and other public service, personnel, vehicles and equipment under the jurisdiction of and /or under contract to Licensee the right and privilege to enter upon and pass over the aforesaid property of Licensor for the purpose of providing ingress and egress for such personnel, vehicles and equipment to and from property within the municipal limits of Licensee which abut the eastern boundary of the Licensor's aforesaid property. 3. LOCATION AND USE OF RIGHT OF PASSAGE. Notwith- standing the foregoing, however, the aforesaid right of passage shall be limited to a certain course or route over Licensor's property, sufficient to allow passage and "turn around" of police and fire vehicles, which course or route shall be determined from time to time by Licensor, in Licensor's sole discretion, and communicated to Licensee, through Licensee's Town Manager. Licensor agrees to make available to Licensee, keys and /or combinations to locks on any security gate(s) which would impede the right of passage herein granted. Licensee agrees that it will cooperate with Licensor in scheduling of non emergency police patrols so as not to interfere with the conduct of business upon the property owned by Licensor. 4. INDEMNIFICATION. Licensee agrees to defend, indemnify, and hold Licensor harmless from and against any claim, liability, loss or damage, including Licensor's defense costs and SPINNER, DITTMAN, FEDERSPIEL & DOWLING 4 »i EA��"r`..'r,r •V {N4c•, or».�:�• F1Fl,CM, �;r>ci10A ]�ac�. ") OA) 276 -2900 reasonable attorneys' fees, incurred by Licensor relative to any personal injury or property damage to any persons, improvements or personal property from time to time on or located upon the aforesaid property of Licensor, which injury or damage is proximately caused by the negligent or intentional act of Licensee or its personnel (i.e. its employees, agents or subcontractors) in the course of utilization of the right of passage herein granted, and, additionally, any liability relative to personal injury or damage to Licensee's personnel, vehicles or equipment sustained on Licensor's property. 5. AGREEMENT SUBORDINATE TO MORTGAGES. It is expressly agreed by the parties that this Agreement and the right of access granted hereunder are and shall continue to be subordinate and inferior to any mortgages which now or subsequently encumber Licensor's aforesaid property. While it is the intent of the parties that subordination of this Agreement to mortgages subsequently placed against the property shall take place automatically, by virtue of the provisions of this paragraph, Licensee agrees to execute any subordination agreement thought necessary by any subsequent mortgagee to evidence subordination of Licensee's interests in the property to that being acquired by such mortgagee. 6. EFFECTIVE DATE - BINDING EFFECT. This Agreement and the license herein granted shall become effective upon execution hereof by both parties and issuance of a certificate of occupancy for the improvements presently being constructed on Licensor's property. It is intended that this Agreement shall be binding upon Licensor's heirs and assigns and run with the land owned by Licensor until terminated as hereinafter provided. 7. TERMINATION. This Agreement may be terminated by either party giving ninety (90) days prior written notice to the other at the following addresses: LICENSOR: MARY BERGH KJELL BERGH 5428 Lyndale Avenue South Minneapolis, Minnesota 55419; SPINNER, DITTMAN, FEDERSPIEL a DOWLING ;OI EAST r FLAN qr "' AY BEACH 3A 3344a — 13051276.2800 LICENSEE: Town Manager Town of Gulf Stream Gulf Stream Governmental Center 100 Sea Road Gulf Stream, Florida 33483; or such other addresses as may be subsequently communicated by one party to the other. Notices given to subsequent owners of the property (heirs or assignees of Licensor) shall be given to the address for such persons used by the Palm Beach County, Florida, Tax collector, for transmittal of property tax notices and statements. In the event this Agreement is recorded, the recording of a sworn statement by either party (including the heirs and assigns of Licensee) to the effect that written notice of termination has been mailed to the other party pursuant to this paragraph, said statement including the date of such mailing, shall be conclusive evidence of record of the termination hereof ninety (90) days next following the mailing date certified in such statement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year .respectively set forth below. Witnesses: LICENSOR: MARY BERGH KJELL BERGH STATE OF MINNESOTA COUNTY OF HENNEPIN I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally appeared MARY BERGH and KJELL BERGH, to me known to be the persons described in and who executed the foregoing License Agreement and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1987. Notary Public (SEAL) My Commission Expires: SPINNER, DITTMAN. FEDERSPIEL a DOWLING S.- CAST ATLA ^ "C AVENI -'� -. DEL Av OEACH, FLORIDA » + + +•. (005) 276 -2000 WITNESSES: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH LICENSEE: TOWN OF GULF STREAM By William F. Koch, Jr. Mayor Attest: Barbara Gwynn Town Clerk Approved as to form: William E. Gwynn Town Manager John C. Randolph Town Attorney I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally appeared WILLIAM F. KOCH, JR. and BARBARA GWYNN, Mayor and Town Clerk, respectively, of the Town of Gulf Stream, to me known to be the persons described in and who executed the foregoing License Agreement and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1987. Notary Public State of Florida at Large (SEAL) My Commission Expires: SPINNER. DITTMAN. FEDERSPIEL 6 DOWLING 'obi FA4T ATi51M�tIG AV µF'-OEyyAY �t'AH'• FLORIDA JJ44Y.. uOG1111.290a i Board of County Commissioners Carol A. Roberts, Chair Kenneth'M. Adams, Vice Chairman Karen T. Marcus Carol J. Glmquist Dorothy Wilken October 8, 1987 Mr. William E. Gwynn Manager Town of Gulf Stream 246 Sea Road Gulf Stream, Florida 33483 Dear Mr. Gwynn: SUBJECT: PROPOSED INTERLDCAL COOPERATION AGREEMENT County Administrator Jan NVintors Iluusing \ C•onununitc Ih•)rinpnuai Please find enclosed five (5) originals of the proposed Interlocal Cooperation Agreement between Palm Beach County and the Town of Gulf Stream. Pursuant to our September 18, 1987 letter referencing this subject, the proposed Interlocal Cooperation Agreement will allow Palm Beach County to implement potential Community Development Block Grant (CDBG) activities within your municipality during Federal Fiscal Years 1988 -90. Additionally, execution of this Agreement will assist Palm Beach County in renewing its qualification as an "urban county" pursuant to U.S. Department of Housing and Urban Development guidelines, and will allow the County to include your municipality in population totals used to determine the amount of the County's CDBG grant. We request that the governing body of your municipality review and approve these Interlocal Cooperation Agreements at its next available meeting, and we ask that you return these originals, along with an original resolution and /or certified copy of the minutes from the meeting approving the Agreement, to our office no later than Friday, October 30, 1987. A representative from our office will contact you by phone during the next week to further explain the approval process. Should you or any representative of your municipality have any questions concerning this Agreement, please contact either myself or Timothy P. Wheat, Program Planner, at 820 -2087. Additionally, either myself or a representative of Housing and Community Development staff will be available to appear before your municipality's governing body at its regular meeting to provide any "Arl I (ILIJ UI)lu)rt Lill in :11Iirmaticc Action limpluycr- 801 EVERNIA STR1-1 -1-, W.P.B., 14 33401 (305) 820 2087 Proposed Interlocal Cooperation Agreement October 8, 1987 Page 2 information or answer any questions relevant to this Agreement. Thank you for your interest in participating in Palm Beach County's Community Development Block Grant program. Sincerely, Remar M. Harvin, CBD, Director Housing and Community Development RMH:TPW:blm Enclosures Ref: LTRUCQ.SHI, INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE TOWN OF GULF STREAM THIS INTERLOCAL AGREEMENT made and entered into this day of 1987 by and between: PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY ": and The TOWN OF GULF STREAM, a municipality duly organized by the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY ". WHEREAS, the parties hereto have the common power to per- form Community Development Block Grant (CDBG) activities with- in Palm Beach County, said common powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1974, as amended, that a county must enter into Interlocal Cooperation Agreements with munici- palities in its jurisdiction for the purposes of implementing CDBG activities within said municipalities; and WHEREAS, Palm Beach County desires to join with municipali- ties in order to carry out the planning and professional ser- vices necessary to implement the CDBG program during Federal Fiscal Years 1988, 1989 and 1990; and WHEREAS, the County and Municipality agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renew- al and publicly assisted housing; and WHEREAS, the County and the Municipality wish to cooperate in the implementation of the goals and objectives of Palm Beach County's Housing Assistance Plan, as approved by the U.S. Department of Housing and Urban Development; and WHEREAS, the Municipality desires to cooperate with the County for the purpose of implementing the Community Development Block Grant program. Interlocal Agreement - Town of Gulf Stream Page 2 NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend CDBG funds for eligible activi- ties within the MUNICIPALITY during Federal Fiscal Years 1988, 1989 and 1990 (including program income generated from expenditure of such funds) under Title I of the Housing and Community Development Act of 1974, as amended, and receive funds under said Act. 2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specif- ically urban renewal and publicly assisted housing. 3. With the MUNICIPALITY's assistance, the COUNTY will prepare a CDBG Final Statement of Objectives and Projected Use of Funds and a Housing Assistance Plan as required by the U.S. Department of Housing and Urban Development (HUD). The COUNTY will undertake or assist in undertaking all professional and administra- tive services necessary to prepare said application and other necessary documents, and the COUNTY will agree to take full responsibility and assume all obli- gations of an applicant under the Housing and Community Development Act of 1974, as amended. The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to undertake or assist in undertak- ing essential community development and housing assis- tance activities within the MUNICIPALITY, however, the COUNTY has final responsibility for selecting activi- ties and annually filing the Final Statement of Objec- tives and Projected Use of Funds with HUD. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to ensure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as Interlocal Agreement - Town of Gulf Stream Page 3 amended, including Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. 5. The COUNTY, through its Division of Housing and Community Development, shall assist the MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes of implementing CDBG activities, including preparation of all applica- tions and other necessary documents, planning, and other administrative activities as required. 6. Neither the COUNTY nor the MUNICIPALITY may veto or otherwise restrict the provisions in this Agreement in any manner to obstruct the implementation of the Housing Assistance Plan during the three program years, Federal Fiscal Years 1988, 1989 and 1990, for which the COUNTY qualifies as an urban county and for such additional time as may be required for the expen- diture of funds granted to the COUNTY for such period. 7. The MUNICIPALITY must inform the COUNTY of any income generated by the expenditure of CDBG funds received by the MUNICIPALITY. Any program income generated by CDBG - supported activities must be repaid to the COUN- TY, unless the COUNTY provides written authorization to the MUNICIPALITY for said program income to be retained by the MUNICIPALITY to further program objec- tives and to be used for eligible CDBG expenditures. In this event, program income must be retained, man- aged and utilized in accordance with Office of Manage- ment and Budget Circular A -102, Attachment "E" and other CDBG regulations as may then apply. The COUNTY shall assume the responsibility for monitor- ing and reporting to HUD as to the disposition of pro- gram income generated by any CDBG- supported activities. Interlocal Agreement - Town of Gulf Stream Page 4 Therefore, the MUNICIPALITY shall implement and main- tain adequate recordkeeping procedures as needed for this purpose in conformance with the above - referenced regulations, and others that may then apply. In the event of close -out or change in status of the MUNICI- PALITY with respect to this Agreement, any program income on hand or received subsequent to close -out or change in status must be repaid to the COUNTY. 8. The MUNICIPALITY shall be responsible for notifying the COUNTY of any modification and /or change in the use of any real property (from that planned at the time of acquisition or improvement including disposi- tion) acquired or improved in whole or in part with CDBG funds that is within control of the MUNICIPALI- TY. Notification of the COUNTY shall take place with- in ten (10) days of said modification or change. In the event that said real property as described above is sold, conveyed or transferred after the time of acquisition and /or improvement, and said real prop- erty is sold, conveyed or transferred for usage which does not qualify as eligible under CDBG regulations, the COUNTY shall be reimbursed in an amount equal to the current fair market value (less any portion there- of attributable to expenditures of non -CDBG funds) of the property by the MUNICIPALITY. In the event of a close -out or change of status of the MUNICIPALITY, termination of this Agreement, or dispo- sition and /or transfer of any property improved or acquired with CDBG funds, the COUNTY shall be reim- bursed by the MUNICIPALITY any program income generat- ed prior to or subsequent to said close -out, termina- tion or change of status. 9. The COUNTY and the MUNICIPALITY will comply with the Housing Assistance Plan and the implementing program as outlined in the Community Development Block Grant Interlocal Agreement - Town of Gulf Stream Page 5 Final Statement of Objectives and Projected Use of Funds submitted to HUD. 10. This Agreement shall give the COUNTY authority to carry out activities which will be funded from annual appropriations of CDBG entitlement funds during Feder- al Fiscal Years 1988, 1989 and 1990 and shall termi- nate upon completion of all activities and expenditure of all obligated funds to the MUNICIPALITY for such period. 11. This Agreement is contingent upon the COUNTY'S qualifi- cation as an "urban county" and award of funds under the Housing and Community Development Act of 1980, as amended. 12. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. COUNTY ATTEST: BY: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney PALM BEACH COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS BY: MUNICIPALITY ATTEST: BY: City Clerk Chair Mayor (SEAL) City Manager (if applicable) Ref: R376 Interlocal Agreement - Town of Gulf Stream Page 6 LEGAL CERTIFICATION BY PALM BEACH COUNTY As legal counsel for Palm Beach County, I hereby state that the terms and provisions of this agreement are fully author- ized under State and local law and that the agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assis- tance activities, specifically urban renewal and publicly assisted housing. Laurel E. Hopper Assistant County Attorney