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Home My Public Portal About02/10/1989TOWN 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 JAMES E. CROSS (407) 27 &5718 116 JAMES T. SKELLY. JR. _ LAWRENCE E. STAHL } Town Manager WILLIAM E. GWYNN Assistant Town Manager-Town Clark BARBARA GWYNN Chief of Police JAMES GREER COMMISSION MEETING DATE: February 10, 1989 9 A.M. AGENDA COMMISSION CHAMBERS Please be advised that if a person decides to appeal any decision made by the Town Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of theses proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Town does not provide or prepare such record. 1. Roll Call. 2. Approval of Minutes, January 13, 1989 3. Financial Report. 4. Police Report. 5. Planning and Zoning Board Report. 1.Mr. and Mrs. Denberg — Site Plan Review Lot 9 Block D.Palm Beach Shore Acres Single Family Residence. 2.Mr. and Mrs. Stiritz — Site Plan Review 1421 N. Ocean Blvd Remove and replace with a single family residence (Former Lapham residence) 3.REPLAT REQUEST Michael —Mark and William Walsh Lot 7 and Portion of Lot 6 Gulf Stream Ocean Tracts. 3545 North Ocean (Former James Lockhart residence) 4.E1 Cortijo Regarding the closing of fresh air vents in parking garage. 6. Discuss Emergency Medical Contract. 7. Discuss Police and Fire Communications Agreement. 8. Commission Comments. 9. Public Comments. 1O.Ajournment. f - , TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR, Vice Mayor TOWN CCb MSSION MEETING LAWRENCE E. STAHL JAMES T. SKELLY, JR. JAMES E. CROSS .. MIN[fPES February 10, 1989 MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33463 TEL.'. GULF STREAM 2765116 Town Manager WILLIAM E. GWYNN Assistant Town Manager-Town Clerk BARBARA GWYNN Chief of Police JAMES GREER The meeting was called to order at 9:00 a.m. by the Hon. William Koch, Mayor. 1 K Roll rall Present: William F. Koch, Jr. Alan I. Armour James C. Cross James T. Skelly, Jr. Lawrence E. Stahl Also present: Minutes William Gwynn Barbara Gvynn John Randolph, Esq. William A. Mayer James Greer Richard Brandt Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Town Attorney airman, Planning & Zoning Board Chief of Police Code Enforcement Officer On motion duly made and seconded the Minutes of the January 13, 1989 meeting were amended as follows: Agenda item 3, Financial Report, third paragraph, line two was changed fran "Mr. Gwynn denied this request" to read "Continuing education courses are reconmended to be held at local educational facilities ". Also, item 10, page 3, second from past paragraph was changed from "received it from Mr. Nowlin" to read "received it fran Mr. Walsh's attorney ". On motion duly made and seconded the Minutes of the January 13, 1989 meeting were approved with the above noted changes. Mayor Koch inquired about the status of the F.I.N.D. Agreement. Mr. Randolph has not seen the executed copy and it has not been recorded. Mayor Koch asked the Town obtain the Deed right away. 3. Financial Report Mr. Gwynn noted 83% of taxes have been collected and over $500,000 invested at this time. Other budget items are on schedule. Town Commission Meeting February 10, 1989 Page Two Financial Report (continued) Commissioner Armour raised the question of service and costs of Leadership Cablevision. Mayor Koch said... under the Franchise they agree to provide certain standards of service, that it is not an exclusive franchise. on motion duly made and seconded the Financial Report was approved. 4. Police Report Chief Greer reported for the previous month noting three burglaries. His department has set up a mini -Task Force and is the clearing house for information for law enforcement groups investigating said burglaries, including the FBI. Chief Greer said he has increased manpower a little bit in the afternoons. Mr. Mayer stated he and Charles Eaton have been accused of starting a Petition to have the Palm Beach Sheriff's Department in Town and he wished to go on record as stating "it is not true ". 5. Planning and Zoning Board Report Mr. and Mrs. Denberg, Site Plan Review, lot 9, Block D. Palm Beach Shore Acres. Single family residence. Mr. Mayer stated all easement problems have been worked out and all is in order. On motion duly made and seconded the Commission accepted the recommendation of the Planning and Zoning Board to approve this request. Mr. and Mrs. Stiritz, Site Plan Review, 1421 North Ocean Boulevard. Remove and replace with a single family residence. This agenda item required no Commission action and is brought to the attention of the Commissioners for their information. No variance is required and all is in order. Replat Request. Michael -Mark and William Walsh, Lot 7 and portion of Lot 6. Off agenda. El Cortijo Mr. Mayer stated this item is only for the information of the Commission. This matter came before the Planning & Zoning Board at its last meeting. El Cortijo Management Board was directed to remove the vent covers to comply with Town of Gulf Stream Codes. 6. Discuss Emergency Medical Contract & Police and Fire Communications & Agreement. 7 Mayor Koch opened the discussion on the proposed two contracts to use the Town Commission Meeting February 10, 1989 Page Three Discuss Emergency Medical Contract and Police and Fire Communications Agreement continued) CDC and Paramedics and Communications Agreement noting increased costs. Discussion ensued on contract dates, rates and the Hold Harmless Agreement. Mr. Randolph stated there is room for negotiation on time and costs. Commissioner Armour made a motion to accept the contract on Police and Fire Communications with the proviso that Mayor Koch and Town Attorney Randolph work on it to lower the cost which is to be no more than $20,000 and to change the wording of the contract as the Town Attorney directs. on motion duly made and seconded the Conmiission approved the motion. Having received several calls about Leadership Cablevision Mr. Armour brought up the matter again. Mr. Randolph said ... under the franchise you are entitled to acceptable service. If you feel it is not acceptable write to them and have their representative come here. Let them know of your concerns. You do have somthing to say about the service. Mr. Gwynn spoke on resumes received requesting an extension of time until 9 a.m. on February 21, 1989 for receipt of resumes. Nine resumes have been received. A workshop meeting will be held on February 21, 1989 at 9:00 a.m.for the pripose of examining the resumes submitted by applicants for the position of Town Manager. 8. Commission Comaents Discussion ensued on the Application of Reserve Funds regarding the Comprehensive Plan and mandated by Tallahassee but unfunded, programs. Mr. Randolph commented on the Road and Bridge litigation matter stating we won on the issue but the County has filed for a re- hearing. Mayor Koch commented on reports prepared by Mr. Sova on Town matters Mr. Gwynn read a letter from a Massachusetts Congressman commenting very kindly on the Town's treatment of an ill employee, Bill Kelly, now deceased. The meeting was adjourned at 9:35 a.m. T Jerk MONTHLY POLICE ACTIVITY REPORT GULF STREAM POLICE DEPARTMENT REPORTED CRIME'S MONTH OF .IANIIARY 198-9_ 1. BURGLARY - 3 INVESTIGATIONS PENDING 3 2• VANDALISM 3• RECOVERED STOLEN VEH (OTHER DEPT.) ACCIDENT INVESTIGATIONS 3 4. 5. N 6' ARRESTS 7. 8' MISDEMEANOR 0 9. 10. FELONY 0 POLICE SERVICE CALLS DWI 0 1. POLICE SERVICE - 11 TRAFFIC 2. ASSIST OTHER DEPARTMENTS - 7 (CITATIONS) 21 3. SUSPICIOUS INCIDENTS - 10 4 ", LOST PROPERTY - 1 WARRANTS 0 5. FOUND PROPERTY - 1 6, DISTURBAI4CE - 1 7, ANIMAL COMPLAINT - 1 8. 9. ' 10. 11. 12. FALSE ALARM CALLS MEDICAL ASSISTS FIRE ASSISTS TOTAL CALLS FOR THE MONTH: 94 / �� rJAMES W. GREER, CHIEF OF POLICE SCHOOLS /EDUCA'T'ION Class Title: STRESS AWARENESS Req'd Sy: STATE (MANDATORY RFTRATNTNG) Officer /s: Date /s: 'ENDED JAN /89 (lours of Training: 40 CAPT.BUCHAN AND SGT. WILLIAMS ARE CURRENTLY IN SCHOOL THROUGH FEB. CHIEF GREER BEGINS SCHOOL 2/13/89. ALL STATE MANDATORY RETRAINING. TOWN OF GULF STREAM Financial Report February, 1989 Balances 1/31/89 Deposits Withdrawals Balances 2/28/89 Receipts Real Estate Taxes Fines Licenses Water Trash Half -Cent Sales Tax Other Permits Cigarette Tax Emergency Medical Service County Gas Tax Electric Franchise FL Rev. Sharing Interest Invested Funds General Funds Water Dredging Sinking OPERATING ACCOUNT $ 80,792.24 66,180.66 106,186.17 40,786.73 10,534.56 1,360.88 560.05 31,103.22 8,280.00 2,267.17 386.37 310.00 185.73 1,100.00 1,887.13 4,144.01 765.00 3,296.54 TOTAL 66,180.66 541,534.22 66,824.66 14,773.13 2,104.89 FINANCIAL REPORT February, 1989 CW6198 6199 6200 6201 6202 6203 6204 6205 6206 6207 6208 6209 6210 6211 6212 6213 6214 6215 6216 6217 6218 6219 6220 6221 C_ 6222 6223 6224 6225 6226 6227 6228 6229 6230 6231 6232 6233 6234 6235 6236 6237 6238 6239 6240 6241 6242 6243 6244 6245 6246 6247 6248 (Cont'd.) Void Void USCM Credit Union Palm Bch. Co. Town of Gulf Stream Barnett Bank Atlantic Refrigeration Boynton Auto Supply, Inc. City Publishing Co., Inc. County Sanitation Inc. Custom Welding Inc. County Sanitation, Inc. City of Delray Beach State of Florida City of Delray Beach Easy Pay Tire Store Good Life Glasgow Equip. Serv. Inc. Wm. Gwynn, Accountant Police Officer Grievance Bulletin Harvel Utility Const. Inc. The Little Club Max. Davis Associates Maury's Tool Chest, Inc. Ocean City Lumber Co. Picard Chemical Pierce Tire Co., Inc. Purity Uniforms Radio Shack Sun Sank /SOFla.N.A. - Delray Bch Southern Bell Telephone Southern Bell Smith Bros Film Drop, Inc. Tel -Page Palm Beach, Inc. So. FL Laundry & Dry Clean Inc. James Butkus & Associates Void Town of Gulf Stream Barnett Bank Credit Union Palm Bch. Co. USCM Fla Municipal Health Trust Fla Municipal Health Trust Fund Fairchild - Lowell Max Davis Richard Brandt Multiplier Industries, Corp. R &R Uniforms, Inc. County Sanitation, Inc. City of Delray Beach Florida Power & Light Co. Page 2 Void Void Employee Employee Payroll Transfer Payroll Police Dept. Repair Police Dept. Cross Ref. Directory Police Dept. February - Garbage Public Works Trash Disposal EMS Calls Dept. Labor - Former Police Chief Officer Neff Water Public Works 257.70; Police 623.6 Cassette Tapes Police Dept. Acctg. Jan. '89 $260; car allow. Police Dept. - Captain Buchan Repairs, etc. Fourth qtr. drainage Supplier Public Works Public Works Supplies Public Works Public Works Police Dept. Safe Deposit Box Rental T.H. 247.17; Sanitation 33.31 Shipping charge Police Dept. Police & Public Works Uniforms Police Dept. Engineering services Void Payroll Payroll Employee Employee Employee Health insurance Police Dept. Supplies Code Enforcement Officer Police Dept. Police Dept. Garbage removal Water Police Dept. 0 300. .00 .00 1,076.00 1,136.44 11,241.38 4,880.00 106.55 38.93 158.90 6,703.20 72.00 2,775.88 1,620.00 84.76 14,929.00 881.36 58.00 67.28 560.00 37.00 3,414.95 155.14 43.79 203.50 33.08 48.80 15.00 123.60 45.93 28.00 280.48 13.41 54.74 74.00 207.90 550.00 .00 11,444.90 4,974.64 1,236.44 1,076.00 2,601.58 2,128.02 29.25 78.90 800.00 76.76 86.14 6,703.20 15,683.92 237.73 i L FINANCIAL REPORT February, 1989 #6249 6250 6251 6252 6253 6254 6255 6256 6257 6258 6259 6260 6261 6262 (Cont'd.) Ace Hardware Aid to Traffic Bethesda Memorial Hospital Carson & Linn, P.A. William Gwynn, Accountant Hand's Office Supply Jones, Foster, Johnston, etc. Maintenance Engineering, Ltd. Resource Engineering & Planning Southern Bell Telephone Clarence Sova Standard Sanitary Supplies, Inc. Wallace Ford, Inc. So. F1. Laundry & Drycleaners, Inc. Page 3 Public Works Public Works Answering service Legal fees Police Dept. Computer Water Billing - Dec.Jan. Supplies, Town Hall Legal Fees Light bulbs, Police and Town Hall Prof. fees. Police Dept. Supplies Town Hall Police Dept. Police Dept. uniforms 44.81 90.00 86.00 2,550.51 580.00 93.51 1,543.00 51.10 1,016.33 356.99 86.15 217.60 458.94 134.75 $106,186.17 o o o o W m m '7 w m G G W C7 td a q td Oo C z m y G O W O W G rY � N O V N n •• PV `C •4 O ` `C a I W W In V O V O V 00 g W 8 w k rt jJ m w w w ro w w o n r u w r H H m H H ao ::l pa w r n n w H 7.' R p p m n (D M w fD N• m (D fD O N n R• 0 H. n rt rt O R R M N F+• 'O n G N N as as "d C N n n n n m I H 0 0 O O O O d 0 W a td R R rt R (P O m rt p rt 'J' N W (D N H p H r H r H. OC CL o M ro m H H• CL H O R w r In F ON O+ In V QD O O O O O O F I w W ON V Oo W O H O rt w r rn tn O O+ F OJ O, W W n In N W �o In F +» to W 0 0 0 o r O n V 0V oV n ono W O W O OD rY � V O V O V rn � n a x ro z O �r C7 n H r z° H 7. 0 y O n N W N O O O, F N r V F rY a rn � v+ 0 in u+o r I W W In V O V O V 00 �V W �O M F VO O O w n a x ro z O �r C7 n H r z° H 7. 0 y C C` o w (D x 0 e yHy N N N H •C N N N Z t" ££H Ym m KA SUN C• C H£H OHK1H m t" d�4 100 m W N h 1 a m rt W O r W yy m p P+ �l rt H H 0 rt W N W 0 H m rt rt rt K p 0 H H H rt r rt rt C V W 0 rt 0 n Iy 0 m O •• t" P1 N W W W m m W m K t" M m n 0 m m 0 m rt m 6 ID 19 'b 7y H H F+• p rt N n G H H H H W H P• n H N p N• 0 fD N m W N " `d m kI 1D h4 O m "J' N W" H H i I Hd p rt N H D• m q co m C] W m P m@ P2 rt N C to W O lZ7 rt Pl O N" m H �C n O H rt 0 rt 0o H H m n G m rt n H p m m V N H m W N m P1 rt rt m O n `C 'O.7 iwC H w W W m rt G m O C+7 N N b P D N R. v m m p G] m N m rt m fD 0 o w o 0 F O F T IW IW N o N kD L„ u, m F Ln JI .1-1 00 H I I M W m N II tF v, r W O Im O F W F OOH .. r N V F O W W W m In F r W F V O v 0 In a0 0 00 0 0 0 0 00 N F N V D m m H V W W F D V N I W F V O v In F V tH o N N F N V D v m H V H W w O+ N F V O O O O O O O Igo O O O O O 12 V N N N V lrn O N v In m w mu+ O O O O O O 1 O O O V N N N V N m N FO+O In O O I loo I In ° 00 00 0 0 I 1 0 F Hm v F V N m N FO+O F NH D,Inm rn bw In 0%O V N O w O N F H H O F V V V In In In O, In O o O In In 0 O 00000 O 0 0 0 0 0 mFln In H N W N In W m W F 00000000 00000000 t7 m O H N H F L t o V V H F W In o. m to In IO O O In O 0 In O O O O O O mFln In H N W N In W m W F 00000000 00000000 t7 m O H IO IO IO IO 11 O cc O mFln In H N W N In W m W F 00000000 00000000 t7 m O H r IO IO IO IO 111 0 Igo I� 00 00 0 o o 0 H 10 % D O� a M W W" H H A t" r IO IO IO IO 111 0 I 00 00 0 o o 0 0 0 0 0 0 C 0 H r N w Orn to H In i-r H m N 00 %C O%V M m O 00000000 0 0 0 0 0 0 0 0 0 C�] V� «G C+1 9 7y H O C 9 H b7 C% W I UJ a, m I O C0+7 %D 0 H Kf v' C a+ �C r 00 m O h1 IO IO IO 0 0 N w Orn to H In i-r H m N 00 %C O%V M m O 00000000 0 0 0 0 0 0 0 0 0 C�] V� «G C+1 9 7y H O C 9 H b7 C% W I UJ a, m I O C0+7 %D 0 H Kf v' C a+ �C r 00 m O h1 HOUSE OF REPRESENTATIVES WASHINGTON, D. C. 20515 JOSEPH D. EARLY 3RD DISTRICT MASSACHUSETTS January 27, 1989 Barbara Gwynn -Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: William Kelley Dear Mrs. Gwynn: Several days ago, William Kelley, a town employee, passed away after a difficult bout with cancer. Bill was an employee of the Town of Gulf Stream. I have known Bill and his family for many years. Indeed, one of Bill's brothers works on my official staff. Several family members have mentioned to me the wonderful manner in which the Town and its people were supportive of Bill during his final illness. Words cannot express the gratitude which Bill's mother, his brothers, his sister and his friends feel to each of you for your concern, consideration and support for Bill. There are a great many people in Central Massachusetts who, although they have not met the people of Gulf Stream, feel a special affection and sense of gratitude towards your fine community. Sincerely, JOSEVH D. EARLY-, Member of Congress JDE /pcn Copy: Clarence Sova TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA +mSIONERS JAM F KOCH, JR., Mayor N I ARMOUR Vice Mayor E5 E CROSS FS T SKELLY. JR PENCE E STAHL January 27, 1989 Attorney John Randolph P.O. Drawer "E" West Palm Beach, Fl 33402 -3475 Dear John: Please review the enclosed Police Communications Agreement with the City of Delray Beach for the next commission meeting February 10, 1989. Sincerely, 1 -7: , s-. Barbara Gwynn Town Clerk MAIL ADDRESS IN SEA ROAD GULF STREAM, FLORIDA 33483 TEL.: GULF STREAM (40]) 218 511B Town Menaper WILLIAM E -GWYNN Assistant Town Manager-Town Clerk BARBARA GWYNN Chief of Police JAMES GREER nLI iA1'NI! i I IuH I_; 131444 December 20, 1938 Mr. William E. Gwynn Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33444 Dear Mr. Gwynn: r Our City Commission recently approved an amendment to the Emergency Medical Services Agreement between Gulf Stream and Delray Beach and has instructed me to present this document to your City for review and consideration. As you may recall, this item was discussed by the City Commission at their budget workshop this past fall with instructions to reevaluate all fees C` for service provided by the City. As a result, staff analyzed our costs and proposed the amendment. Commission approved this concept and fee structure at their December 13, 1988 regular meeting. A copy of the amendment is enclosed. Fire Chief Kerry Koen and I can meet with you to discuss this amendment and answer questions you may have. Please contact my office for a time that is mutually convenient. Sincerely, WALTER O. BARRY City Manager Attachment: 1 cc: Mr. Huddleston Chief Koen - -I, E; f -, fXI.VV ' ', MATTERS K AMENDMENT NO. 2 C' EMERGENCY MEDICAL SERVICES AGREEMENT BETWEEN CITY OF DELRAY BEACH, FLORIDA AND TOWN OF GULF STREAM, FLORIDA DATED JUNE 14, 1983 WHEREAS, the City of Delray Beach, Florida and the Town of Gulf Stream, Florida did enter into an agreement on June 14, 1983 wherein the City of Delray Beach agreed to provide under certain conditions to the Town of Gulf Stream certain emergency medical equipment and personnel services; and, WHEREAS, since the date of the original agreement, the costs of providing such services to the Town of Gulf Stream have risen; and, WHEREAS, the two parties to this agreement do hereby wish to amend the June 14, 1983 agreement in order to modify the provisions of paragraph 6 of said agreement by changing the method by which the Town of Gulf Stream compensates the City of Delray Beach for emergency medical services provided to the Town of Gulf Stream, by deleting the per occasion fees previously identified by paragraph 6 of said agreement and substituting a per capita service fee; and, CWHEREAS, this per capita service fee is based on the current budget of the City of Delray Beach for the provision of emergency medical services, administrative and other costs as well as certain capital outlay elements, the current esl imated population of the City of Delray Beach and the estimated mean population of the Town of Gulf Stream; and, WHEREAS, the annual per capita service fee entitles the Town of Gulf Stream unlimited, non - extraordinary, access to the Emergency Medical Service System of the City of Delray Beach, exclusive of Mutual Aid agreements with other governmental agencies; and, WHEREAS, this per capita service fee is not intended to pay the cost of extraordinary events and unusual demands for emergency medical services requiring personnel and equipment being stationed within the corporate limits of the Town of Gulf Stream. Such extraordinary costs will be billed by the City of Delray Beach to the Town of Gulf Stream based on actual costs to provide these extraordinary services. NOW, THEREFORE, it is the parties for the mutual covena herein, as follows: 1. That paragraph Services Agreement dated June 14, is hereby amended to the extent 1 hereby agreed to by and between ats and consideration set forth 6 of the Emergency Medical 1983 between the parties hereto that the "per occasion" charges in the amount of Two Hundred Seventy Dollars ($270.00) per occasion shall be deleted and replaced with an annual per capita service fee in the amount of Twenty Nine Thousand, Seven Hundred and Eighty Four Dollars ($29,784.00). 2. That the Town of Gulf Stream will pay the annual per capita service fee on or before October 1st of each year to the City of Delray Beach beginning October 1, 1989. 3. The City of Delray Beach and the Town of Gulf Stream agree that the per capita service fee will be adjusted annually to reflect changes in the cost to provide emergency medical services. The projected annual service fee amount will be reported by the City Manager of the City of Delray Beach to the Town Manager of the Town of Gulf Stream on or before August 1st of each year to establish the service fee for the upcoming fiscal year. 4. That all other terms, conditions and requirements of the June 14, 1983 Agreement between the parties shall be unchanged by this Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers this day of , 198 ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: City Attorney City of Delray Beach ATTEST: Town Clerk Approved as to Form: Town Attorney Town of Gulf Stream 2 02 V� TOWN OF GULF STREAM, FLORIDA By: Mayor TONES, FOSTER, JOHNSTON & STUBBS, P.A. Barbara Gwynn Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 re: Road and Bridge Case Interest Matter Dear Barbara, HENRY F. LILIENTHAL 1882/883 HARRY ALLISON JOHNSTON 1885 -IM OTHER LOCATION MI S. E. BIN STREET. SUITE 101 DELRAY BEACH. FLORIDA BBHA For your information, and the information of the Town Commission, I am forwarding a copy of the decision of the Fourth District Court which was rendered in favor of the Town of Gulf Stream and the other municipalities involved in this case. Very t C. 'Randolph JCR /ajs enclosure ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE COUNSEL ELEVENTH FLOOR WILLIAM A. FOSTER P. O. DRAWER E LARRY B ALEXANDER BLAIR R. LITTLEJOHN WEST PALM BEACH, FLORIDA 33402 -3475 GEORGE H BAILEY JOHN M. LAROUX 659.3000 KEVIN C BEUTTENMUUXR JOHN BLAIR McCRACKEN (407) MICHAEL BROWN TIMOTHY MONAGHAN FAX: (407) 832 -1454 MARGARET L COOPER JOHN C RANDOLPH REBECCA G MANE ANN MARIE G. REMONICO RANDY O ELLISON ANDREW R ROSS L MARTIN FLANAGAN STEVEN J. ROTHMAN LORI E. HANDELSMAN PETER A. SACHS SCOTT HAWKINS JOEL STRAWN THORNTON M. HENRY SIDNEY A. STUBBS. JR. PETER S. NOLTON ALLEN R TOMLINSON HARRY A. JOHNSTON. II JOHN S TRIMPER MARKS KENS MARK B. KLEINFELD MICHAEL MS WALSH H. WEAVER January 20 1989 I CHARLES B K PAUL C. WOLFE UL C MICHAEL T KRANZ ANZ Barbara Gwynn Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 re: Road and Bridge Case Interest Matter Dear Barbara, HENRY F. LILIENTHAL 1882/883 HARRY ALLISON JOHNSTON 1885 -IM OTHER LOCATION MI S. E. BIN STREET. SUITE 101 DELRAY BEACH. FLORIDA BBHA For your information, and the information of the Town Commission, I am forwarding a copy of the decision of the Fourth District Court which was rendered in favor of the Town of Gulf Stream and the other municipalities involved in this case. Very t C. 'Randolph JCR /ajs enclosure C. C� r FLORIDA IN THE DISTRICT COURT OF APPEAL OF THE STATE TERM 1989 FOURTH DISTRICT TOWN OF PALM BEACH, a municipal j corporation; CITY OF ATLANTIS, a municipal corporation; CITY ) OF BOYNTON BEACH, a municipal ) corporation; CITY OF DELRAY BEACH, a municipal corporation; TOWN OF GULF STREAM, a municipal ) corporation; TOWN OF HIGHLAND ) BEACH, a municipal corporation; ) TOWN OF JUNO BEACH, a municipal corporation; TOWN OF JUPITER, a municipal corporation; CITY OF ) LAKE WORTH, a municipal corpora- ) tion; TOWN OF LANTANA, a municipal ) corporation; VILLAGE OF NORTH PALM ) BEACH, a municipal corporation; ) TOWN OF OCEAN RIDGE, a municipal ) corporation; CITY OF PALM BEACH ) GARDENS, a municipal corporation; ) CITY OF RIVIERA BEACH, a municipal ) corporation; TOWN OF SOUTH PALM ) BEACH, a municipal corporation; ) VILLAGE OF TEQUESTA, a municipal ) corporation; and CITY OF WEST PALM ) BEACH, a municipal corporation, Appellants, V. PALM BEACH COUNTY, Appellee. Opinion filed January 18, 1989 Appeal from the Circuit Court for Palm Beach County; William C. Williams, III, Judge. John A. DeVault, III, of Bedell, Dittmar, DeVault & Pillans, P.A., Jacksonville, for appellants. Arthur R. Wiedinger, Jr., and Robert C) L. Nabors of Nabors, Giblin, Steffens & Nickerson, P.A., Tallahassee Beach, Gary M. Brandenburg, for appellee. NOT FINAL UNTILTIME EXPIRES TO FILE REHEARING 90'nON AND, IF FILED, DISPOSED OF. CASE NO. 87 -2752. 0 PER CURIAM. This is an appeal of an order denying post - judgment interest to seventeen municipalities on a judgment entered in their favor. In Palm Beach County v. Town of Palm Beach, 507 So.2d 128 (Fla. 4th DCA 1987) this court reversed in part, remanded to the trial court, and ordered the return of certain ad valorem taxes to the municipalities. On remand the parties were unable to agree on whether the cities were also entitled to post - judgment interest on.. the judgment. The trial court determined that under the doctrine of sovereign immunity the county was not obligated to pay interest on the award. The municipalities appeal. We reverse and hold that the municipalities are entitled to post judgment interest. Section 55.03(1), Florida Statutes (1985) provides: A judgment or decree entered on or after October 1, 1981, shall bear interest at the rate of 12 percent a year unless the judgment or decree is rendered on a written contract or obligation providing for interest at a lesser rate, in which case the judgment or decree-bears interest at the rate specified - - in -such -writterr contract -or obligation. Additionally case law seems to indicate that an award of post - judgment interest would be proper in the present circumstances. See Department of Transportation v. Tsalickis, 372 So.2d 500 (Fla. 4th DCA 1979); Broward County v. Finlayson, 13 F.L.W. 2312 (Fla. 4th DCA Oct. 12, 1988) . Nevertheless, because of the great public importance of the issues involved we certify the following question to the Supreme Court: -2- IS A GOVERNMENTAL ENTITY IMMUNE FROM THE PAYMENT OF POST JUDGMENT INTEREST UNDER THE DOCTRINE OF SOVEREIGN IMMUNITY? REVERSED and REMANDED FOR FURTHER PROCEEDINGS CONSISTENT HEREWITH. GLICKSTEIN, WALDEN and STONE, ii., concur. -3- MONTHLY POLICE ACTIVITY REPORT GULF STREAM POLICE DEPARTMENT MONTH OF IANIIARy 19c _ REPORTED CRIME'S 1. BURGLARY — 3 2. VANDALISM 3. RECOVERED STOLEN VEH (OTHER DEPT.) 4. 5. 6. 7. 8. 9. 10. POLICE SERVICE CALLS 1. POLICE SERVICE - 11 2. ASSIST OTHER DEPARTMENTS - 7 3. SUSPICIOUS INCIDENTS - 10 4 LOST PROPERTY - 1 5. FOUND PROPERTY - 1 6. DISTURBANCE - 1 7, ANIMAL COMPLAINT - 1 8. 9. ' 10. 11. 12. FALSE ALARM CALLS 49 MEDICAL ASSISTS FIRE ASSISTS TOTAL CALLS FOR THE MONTH: 94 *• *• * * * * * * * * * * * * * * SCHOOLS/EDUCATION Class Title: STRESS AWARENESS Officer /s: STOCK INVESTIGATIONS PENDING 3 ACCIDENT INVESTIGATIONS 3 ARRESTS MISDEMEANOR 0 FELONY 0 DWI 0 TRAFFIC (CITATIONS) 21 WARRANTS 0 'JAMES W. GREER, CHIEF OF POLICE * * * * * * * * * * * * * * * date /s 'ENDED JAN /89 Hours of Training: 40 CAPT.BUCHAN AND SGT. WILLIAMS ARE CURRENTLY IN SCHOOL THROUGH FEB. CHIEF GREER BEGINS SCHOOL 2/13/89. ALL STATE MANDATORY RETRAINING. COMMISSIONERS WILLIAM F KOCH, JR, Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS JAMES T. SKELLY, JR. LAWRENCE E. STAHL TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA DEPARTMENT OF PUBLIC WORKS MONTHLY REPORT JANUARY - 1989 TRASH HAULED Total Yards 690 SIGNS REPLACED 2 TREE TRIMMING 2 at Police Department PREVENTIVE MAINTENANCE, cars - trucks - tractor Weekly MISCELLANEOUS 3 - sprinkler repairs 5 - bulbs replaced P.D. -T.H. 1 new battery and battery cable on mower Weld tractor - grill and hyd -line Tail light P.W. truck Car # 70painted LAWN MAINTENANCE AND CLEANING P.D. T.H. Misc. Maintenance on ALL buildings, Weekly. Animal trap calls 16 Measure gas tank daily MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33483 TEL.: GULF STREAM (407) 2785118 Town Manager WILLIAM E. GWYNN Aaaiatant Town Manager-Town Clerk BARBARA GWYNN Chief of Police JAMES GREER Total Tons 531 Clarence J. Sava Superintendent of Public Works C/11 TONES, FOSTER, JOHNSTON & STUBBS9 P.A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE COUNSEL ELEVENTH FLOOR WILLMM A. FOSTER P. O. DRAWER E LARRY B. M XANOER BLAIR R. LITTLEJOHN WEST PALM BEACH, FLORIDA 33402.7475 . GEORGE H BAKEY JOHN M. LMOU% HENRY F. LIENTHAL LI KEVIN C. SEUTTENMULLER JOHN BLAIR McCRACKEN (407) 8583000 1Ba191M MICHAEL BROWN TIMOTHY E. MONAGHAN FAX: (407) 832.1454 MARGARET COOPER JOHN C RANDOLPH HARRY ALLISON JOHNSTON REBECCA G WANE ANN MARIE G. REIIO = 10/15.1983 I RANDY D. ELLISON AROgEW q. 11093 L MARTIN FLANAGAN STEVEN J. ROTHMAN LORI E. HANDELSMAN PETER A. SACHS SCOTT HAWKINS JOEL T. STRAWN THORNTON M. HENRY SIDNEY A. STUBBS. JR. PETER S. HOLTON HARRY A JOHNSTON. ALLEN R, TOMLINSg1 January 27, 19 B 9 II J A JURGENS JOHN S. TRIMPER MICHAEL P WALSH OTHER LOCATION MARK B HLEINFELG H ADAMS WEAVER CHARLES B KOVAL PAUL C. WOVE MIS, E. 818 STREET, SURE 101 MICHAEL KRANZ DELRAY BEACH, FLORIDA f Barbara Gwynn Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 re: Ordinance No. 89 -2 Dear Barbara, Enclosed is an amended Ordinance No. 89 -2, which now includes a definition of "kitchen," as requested by the Town Commission. JCR /ajs enclosure cc: Mayor William Koch (w/ enclosure) A ORDINANCE NO. 89 -2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE GULF STREAM COMPREHENSIVE ZONING ORDINANCE AT SECTION VII - "RS" RESIDENTIAL SINGLE - FAMILY DISTRICT, PARAGRAPH (N) TO ADD A NEW SUBPARAGRAPH (4) LIMITING THE NUMBER OF KITCHENS IN SINGLE - FAMILY PRIMARY DWELLINGS TO ONE (1); PROVIDING A DEFINITION FOR "KITCHEN ", PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, as follows: Section 1. Section VII - "RS" Residential Single - Family District at paragraph (N) of the Town of Gulf Stream Comprehensive Zoning Ordinance shall be amended to add an additional subparagraph (4) at the end of the existing provisions to read as follows: "(4) Limitation on number of kitchens. In a single - family primary dwelling the number of kitchen areas shall not exceed one (1). For purposes of this Section 'Kitchen' shall be defined as: 'A room or place used or designed to be used for the preparation and cooking of food.' This limitatiion is not intended to prohibit wet bars, hot plates, or similar light duty service facilities." Section 2. If any provision of this Ordinance or the appli- cation thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications and to this end the provisions of this Ordinance are hereby declared sever- able. Section 3. This Ordinance shall be codified and made a part of the official Comprehensive Zoning Ordinance of the Town of Gulf Stream, Florida. Section 4. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED ON DAY OF ATTEST: Town Clerk LSNO19820 1989. MAYOR READING THIS a, t' n STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 C E N T E R V I E W D R I V E • T A L L A H A S S E E BOB MARTINEZ Govern\, Mr. William Koch, Jr. The Mayor of Gulf Stream 100 Sea Road Gulf Stream, Florida 33444 Dear Mayor: January 23, 1989 F L O R I D A 3 2 3 9 9 THOMAS G. PELHAM Secretary This is to advise you that your application for reserve funds under the 1988 -89 Local Government Comprehensive Planning Assistance Program was not approved for funding. Because applications far exceeded available funds, we were able to approve only eight of the 105 applications received. A number of very good applications could not be funded because of our funding limitations. However, all of the applications have been retained and will be given further consideration if additional funds become available for reserve projects. Thank you for your interest in this-,program. ,Very truly y9urs /J G ? / Paul R. Brad aw, Director Division of Resource Planning and Management PRB /deb EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT `� cw viii STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 C E N T E R V I E W D R I V E• T A L L A H A SSE E, F L O R I D A 3 2 3 9 9 BOB MARTINEZ THOMAS G. PELHAM Governor Secretary February 8, 1989 The Honorable William Koch, Jr. Mayor of Gulf Stream Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33444 Dear Mayor Koch: Thank you for submitting copies of your proposed comprehensive plan for our review. We have conducted a pre- liminary inventory of the plan, pursuant to Rule 9J- 11.008, F.A.C., to verify the inclusion of all required materials. The submission package appears to be complete, and your proposed plan will be reviewed in accordance with procedures contained in rule Chapter 9J -11, F.A.C. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. If you have any questions on this matter, please contact me at Suncom 277 -4545 or (904) 487 -4545. Sincerely, Ra-bwt q. lYUw-c- Robert G. Nave, Chief Bureau of Local Planning RGN /khr EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT Delray Beach Police Department 300 West Atlantic Avenue • Delray Beach, Florida 33444.3666 (407) 243 -7888 January 19, 1989 William Gwynn, Town Manager TOWN OF GULFSTREAM 100 Sea Road Gulfstream, Florida 33444 Dear Mr. Gwynn: �vp►� � a CHARLES KILGORE Chief of Police The attached Police and Fire Communications Agreement is offered for your review and future Town of Gulfstream Commission action. My apologies for the delay as this contract had to be redefined to meet accreditation criteria as far as language is concerned. However, the basic agreement between the Town and the City remains the same with the exception of it being a three -year contract instead of a one -year contract. Should you or your Town Attorney wish to discuss pertinent parts of the contract, Mr. Herb Thiele, our City Attorney, has asked to be contacted so the details can be clarified prior to Commission action. If I can assist in any other way, please do not hesitate to call on me. Sincerely, CHARLES KILGORE o /� CHIEF OF POLICE h By: ( l H, COCHRANE, MAJOR Support Bureau WHC /gb Attachment PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER POLICE AND FIRE COMMUNICATIONS AGREEMENT This Agreement, entered into this day of 198_1 by and between the City of Delray Beach, Florida, a municipal corporation, hereinafter referred to as, "the City" and the Town of Gulfstream, Florida, a municipal corporation, hereinafter referred to as, "the Town ". WITNESSETH: WHEREAS, the Town desires to enter into an agreement with the City in order to obtain Police and Fire Dispatching and Communications Services from the City. NOW, THEREFORE, the City and the Town in consideration of the mutual promises and benefits hereby agree as follows: Section 1. This agreement is to become effective as of June 15, 1988. Section 2. This agreement shall expire, and terminate on June 15, 1991. Section 3. The Town shall pay twenty thousand dollars ($20,000.00) per year to the City for Police Dispatching and Communications Services provided to the Town from the City for the period of June 15, 1988 through June 15, 1991. There will be no additional assessments or reimbursements for this period. Section 4. The City shall provide dispatchiny and communications services to include the handling of: a. Radio dispatching of police emergency and 911 calls b. Radio dispatchiny of non - emergency calls C. Radio and telephonic dispatching of calls for emergency medical service relayed to the City Fire Department d. Receiving calls for fire protection that will be telephonically relayed to the Town of Ocean Ridge Fire Department e. Electronically recording and maintaining radio transmissions for thirty days f. Access to information from Pal in Beach Sheriff's Department's P . A . L . M . S . Computer System and the State F . C . I . C . and Federal N . C . I . C . Computer Systems via radio voice or telephonic voice transmission. Y. Recording and maintaining for two years a daily dispatch log and Incident Report Cards to be issued a numerical identifier and contain the following information: 1. Type of call or incident 2. Date and time of call or incident 3. Location of incident 4. Complainant or callers name 5. Name of the assigned or responding officer Section 5. The Town shall be responsible for maintenance of any radios or equipment purchased after the execution of the original agreement, providing maintenance and repairs as needed through a Motorola subcontractor. Section 6. The City shall provide only communication services and dispatching services except that the city may unilaterally add any communications, dispatch, information or records keeping services that enhances the City's ability to provide that service to its own service area. The Town shall conform to those procedures and policy necessary to assure that the communications and records keeping for the Town's service area is in harmony with the communications and records keeping of the City. In the event that the City is capable of providing enhancements or additions to law enforcement and communications services which are not unilateral and the Town wishes to avail themselves of such additions and enhancements the Town may upon mutual agreement with the City amend Section 4 of this contract which may necessitate a negotiated amendment by the City to Section 3 of this contract. Section 7. The City, its officials, agents, or employees in providiny dispatch and communication services, shall not be deemed to assume any liability for acts, omissions, or neyliyence of the Town, its employees, agent or officials. The Town shall hold the city harmless and shall defend them against any claims for damages resultiny from acts, omission or negligence of its officials, agents, or employees. All liability for injury to personnel and for loss of or damage of equipment incurred in connection with this Agreement, or in the performance of services or functions pursuant thereto, shall be borne by the City or the Town employing such personnel or owning such equipment and the town shall carry sufficient insurance to cover all such liabilities. Section 8. The Town, may terminate this Agreement at any time following sixty (60) days written notice to the City. After the effective date of said notice, both parties will be relieved of any further obligations under this agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Town and the City is a party or to relieve the Town or the City of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. If the Town should terminate the Agreement as herein provided and prior to June 15, 1988, the twenty thousand dollars ($20,000.00) payment referred to in Section 3 shall be refunded on a pro rata basis. Section 9. The City, may terminate this Agreement at any time following sixty (60) days written notice to the City. After the effective date of said notice, both parties will be relieved of any further obligations under this agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Town and the City is a party or to relieve the Town or the City of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. If the Town should terminate the Agreement as herein provided and prior to June 15, 1989, the twenty thousand dollars ($20,000.00) payment referred to in Section 3 shall be refunded on a pro rata basis. ection 10. The Town, shall not assign this Agreement. Section 11. All disputes arising from this Agreement shall be settled in a court of competent jurisdiction with venue to be in Palm Beach County, Florida. Section 12. All notices provided for in this Agreement shall be in writing and either hand delivered or sent by certified or registered mail to the party to be notified at the following respective addressed which may be changed by written notice only: THE CITY: Office of the City Attorney City of Delray Beach, Florida 310 S.E. 1st Street, Suite 4 Delray Beach, Florida 33483 THE TOWN: Office of the Town Manager Town of Gulfstream 100 Sea Road Gulfstream, Florida 33444 Notice given by or to the Attorney of either party shall be as effective as if given by or to said party. Section 13. The City shall retain exclusive control over all equipment and personnel used in providing the services in accordance with this agreement, and further the city agrees that it may, at its sole option. instit tit an A1mi.ic +��+;— procedure for address iny any complaints or yrievances which may be raised by the Town over the providing of such services. Section 14. The City shall have the right to limit, direct or deny access, to individual representatives of the Town, to Information and Communications capabilities provided in Section 4, when such access has been abused, in violation of Florida Statutes, in violation of the City, County, State or National directives and procedures governing the acquiring and use of sensitive information and equipment, may jeopardize the City's law enforcement effort or the representative is found to be a security risk. IN WITNESS WHEREOF, the parties have cause these presents to be signed by the duly day of authorized officers on this OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH , FLORIDA BY: Herbert W.A. Thiele, Esq. City Attorney 310 S.E. 1st Street, Suite 4 Delray Beach, FL 33483 (407) 243 -7090 , 19