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HomeMy Public PortalAbout03/10/1989C' COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS JAMES T. SKELLY, JR, LAWRENCE E. STAHL +1 TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA COMMISSION MEETING 9 A.M. MARCH 10, 1989 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 these 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. MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33083 TEL: GULF STREAM (007) 278.5118 Town Manager WILLIAM E. GWYNN Aealatanl Town Manager -Town Clark BARBARA GWYNN Chief of Police JAMES GREER 1. Roll Call. 2. Approval of Minutes. February 10th 21st and March 2, 1989. 3. Financial Report. 4. Police Report. 5. Planning and Zoning Board Report. 6. Rustin Report. 7. Commission Comments. 8. Public Comments. 9. Adjournment. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA OMMISSIONERS J:ILLIAM F. KOCH, JR., Mayor ALAN I ARMOUR. V,ce Mayor JAMES E. CROSS JAMES T SKELLY. JR TOWN COMMISSION MEETING LAWRENCE E STAHL sna11MMO March 10, 1989 MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33403 TEL GULF STREAM 14011 2705116 Town Manager WILLIAM E. GWYNN As sis lant Town Manager To wn CIs rt BARBARA GWYNN Chief of Police JAMES GREER The meeting was called to order at 9:00 a.m. by the Hon. William F. Koch, Jr., Mayor. 1. Roll Call Present: William F. Koch, Jr. Alan I. Armour James E. Cross James T. Skelly, Jr. Lawrence E. Stahl Also present: 2. Minutes William Gwynn Barbara Gwynn John Randolph, Esq William A. Mayer James Greer Clarence Sova Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Town Attorney Chairman, Planning & Chief of Police Zoning Board Superintendant, Public Works In response to Commissioner Armour's inquiry on the Emergency Medical Contract (February 10, 1989 Minutes) Mayor Koch said he will discuss the contract with the Delray Beach City Manager next week. To a question on the F.I.N.D. Agreement (February 10, 1989 Minutes) the Mayor responded it has been signed by all parties and is in process through the bank. On motion duly made and seconded the Minutes of the meetings of February 10, 1989, February 21,1989 and March 2, 1989 were approved. 3. Financial Report Mr. Gwynn reported 927 of the tax roll has been received. All budget items are on schedule with the exception of the deficit incurred earlier this year for legal expense. The Financial Report was approved. 4. Police Report Chief Greer reported for the previous month noting two burglaries. Five investigations pending. The mandatory re- training of officers is complete. Town Commission Meeting March 10, 1989 Minutes - Page Two 5. Planning & Zoning Board Board Chairman William Mayer had no report. 6. Rustin Report Mayor Koch said he would like the Town Commissioners to consider having Mr. Randolph draw an Ordinance setting forth the responsibilities and the authority of the Town Manager. Mr. Gwynn said he had done preliminary job description work on that subject as previously directed, and that a new job description for Town Manager would require either a change in Code or an amendment to the Town Charter. Discussion ensued on establishing a new Town Ordinance setting forth said requirements. On motion duly made and seconded the Commission requested the Town Attorney prepare a draft of proposed changes incorporating the specific duties and responsibilities of the Town Manager for discussion at the next Commission meeting. On motion duly made and seconded the Commission requested the Town Attorney determine the method of procedure and of implementing said procedure for the above named changes in the job description of the Town Manager. Mayor Koch recommended the Commission consider appointing Mr. Flannery as interim Town Manager. On motion duly made and seconded the Commission appointed Mr. Flannery interim Town Manager until such time as the Commission decides on a permanent Town Manager. Discussion ensued on Mr. Flannery's salary. Mr. Gwynn said Mr. Flannery agreed to $40,000 annually; $3300 per month. Commissioner Stahl made a motion to dis- establish the positions of Police Commissioner, Finance Commissioner and Public Works Commissioner and such responsibilities turned over to the Town Manager. Motion seconded by Commissioner Armour and passed by the Commission with one opposed. Commissioner Stahl stated the priority task for Mr. Flannery is to evaluate the Consultant's Report and to be prepared to discuss the Report at the next meeting of the Town Commission. On the question of when Mr. Flannery will start as Town Manager, Mr. Gwynn: replied "today ". Mr. Gwynn noted the FBI check on Mr. Flannery came back "no problems." The private agency hired to do a background check indicates nothing negtive but is incomplete. Mr. Randolph said the Town needs to advise the other candidate of the appointment of Mr. Flannery as interim Town Manager and that the Commission has not made a final determination. Town Commission Meeting March 10, 1989 Catch — Page Three Mr. Gwynn read the title of Resolution 89 -1 as follows: C) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, ENDORSING THE SOLID WASTE AUTHORITY'S SELECTION OF THE WEST BOCA SITE #1 AS A LANDFILL, TRANSFER STATION SITE AND, IF REQUIRED, A FUTURE BURNING UNIT SITE; REQUESTING SUPPORT FROM THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS WEST BOCA SITE SINCE THE SOLID WASTE AUTHORITY HAS OBTAINED ALL REQUIRED AND NECESSARY EXPERT OPINIONS AND HAS EXPENDED IN EXCESS OF SIX HUNDRED THOUSAND DOLLARS ($600,000) IN THE SELECTION PROCESS. REQUESTING OTHER MUNICIPALITIES WITHIN PALM BEACH COUNTY TO JOIN IN THIS EFFORT IN ORDER TO AVOID FURTHER EXCESSIVE EXPENDITURES AT TAXPAYER'S EXPENSE. DIRECTING THE TOWN CLERK TO FURNISH COPIES OF THIS RESOLUTION TO ALL OTHER MUNICIPALITIES LOCATED WITHIN PALM BEACH COUNTY, AND TO THE MEMBERS OF THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. After discussion of the Resolution the Commission, on motion duly made and seconded, approved Resolution 89 -1. 7. Commission Comments. Mr. Randolph spoke on the Police and Fire Communications Agreement noting the Delray C Beach City Attorney has agreed to make changes as requested by Mr. Randolph relating to the Hold Harmless paragraph of the Agreement. On motion duly made and seconded the Commission approved said Agreement subject to the inclusion of the paragraph approved by Mr. Randolph. On a Commission question on the "Bridge" matter Mr. Randolph replied the decision may be appealed but, if not, then the municipalities involved will receive a check. On the F.I.N.D. matter, Mr. Randolph responded all papers are in final form and will be recorded. The Town wanted a "free and unencumbered way to get back in the property and the Town, through the Easement it has, will be able to do that." Mayor Koch stated the Town has the right; we have the Easement. There being no further business to come before the Commission a motion for adjourment was made and approved at 9:35 a.m. To Cle TOWN OF GULF STREAM Financial Report March, 1989 Balances 2/28/89 Deposits Withdrawals Balances 3/31/89 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 Transfer from MM Account Invested Funds General Funds Water Dredging Sinking OPERATING ACCOUNT $ 40,786.73 182,600.02 208,596.10 14,790.65 12,731.01 810.25 572.32 11,050.60 1,985.00 2,684.29 247.25 829.00 171.55 825.00 2,120.52 9,043.23 1,530.00 138,000.00 TOTAL 182,600.02 453,784.80 67,125.07 14,840.77 2,105.35 FINANCIAL REPORT (Cont'd.) March, 1989 263 Town of Gulf Stream 6264 6265 6266 6267 6268 6269 6270 6271 6272 6273 6274 6275 6276 6277 6278 6279 6280 6281 6282 6283 6284 6285 6286 287 6288 6289 6290 6291 6292 6293 6294 6295 6296 6297 6298 6299 6300 6301 6302 6303 6304 6305 6306 6307 6308 6309 6310 "311 Barnett Bank USCM Credit Union Palm Beach Co,. IDS Town of Gulf Stream Anne R. Ford Associated Court Reporters Rusten Associates Bethesda - Neighbor Doctor Void Ace Hardward Bo -Del Printing Co. Boynton Auto Supply, Inc. Broward Radio Comm Co. Bo -Del Printing Co. County Sanitation City of Delray Beach Easy Pay Tire Store Florida Power & Light State Emergency Response Comm. Wm. E. Gwynn Harvel & Deland Jones, Foster, Stubbs, P.A. Max Davis Assoc. Purity Uniforms Smith Brothers Southern Bell Telephone Telpage Palm Bch. Nozzle Nolen, Inc. Carson & Linn, P.A. Wallace Ford Bethesda Memorial Hospital Executive Investigative Services AT &T Void Barnett Bank USCM Credit Union Palm Bch Co. Town of Gulf Stream Bethesda Memorial Hospital City of Delray Beach Void Aid to Traffic Fla. Power & Light Fla. League of Cities Gulf Products Division Jones Equipment Co. Inc. Kerry Security Systems Page 2 Payroll Payroll Employee Employee Employee Transfer Committee. Meetings Police - Paul Peterson Town Gov't. & Police Dept. Stu Police Dept. Void Public Works Letterhead & Envelopes Police Dept. Police Dept. Police Dept. Trash Removal Water Public Works & Police Dpet. T.H. 298.64, St.lites 936.98 Compactor 13.64 Call for hazardous material gas Acctg. fee 260.00 & car allow. Water Maintenance & Repair Attorney fees Repair to copier Public Works Film Police Dept. P.W. 33.31; T.H. 265.51 Police Dept. & Public Works Carpenter ants Attorney fees Police Dept. Physical - Ward Flannery & Gallagher Monthly service Void Payroll Employee Employee Payroll Monthly Service Water Void Public Works P.D. 260.74; T.H. 310.56; Comp St. lites 936.98 Workmen's Compensation Gas Police Dept. Burglar Alarm monitoring Stud tank 300.00 11.54; 11,785.76 5,139.24 1,076.00 1,186.44 2,917.39 50,000.00 132.00 50.00 5,950.00 400.00 .00 44.67 639.30 62.39 80.00 96.40 1,370.09 511.38 1,085.85 1,249.26 50.00 560.00 1,530.23 1,085.90 501.70 103.20 21.28 298.82 74.00 75.00 2,917.94 538.10 250.00 1,170.10 13.90 .00 9,779.20 1,076.00 1,186.44 17,581.40 86.00 16,585.82 .00 84.00 1,519.82 889.00 2,212.96 199.90 60.00 °INANCIAL REPORT (Cont'd.) _.arch, 1989 116312 Town of Ocean Ridge 6313 Pignato- Underwood - Blumdell 6314 Radio Shack 6315 So. Fla. Laundry & Drycleaners 6316 Clarence Sova 6317 Express Car Wash 6318 Cash 6319 Earl Harvel III 6320 Town of Gulf Stream 6321 Barnett Bank 6322 Credit Union of Palm Beach Co. 6323 USCM 6324 IDS Pension Fund 6325 Richard Brandt Page 3 Fire Contract fiscal year 1987 -88 39,199.00 IBM Supplies - water billing 290.00 Police Department 12.53 Police Department 130.85 T.H., P.D., P.W. Supplies 109.64 Police Department 10.00 Replenish Petty Cash Box 41.00 Meter Reading 415.00 Payroll 13,191.07 Payroll 5,373.30 Employee 1,091.44 Employee 788.00 Employee 2,917.39 Code Enforcement Officer 800.00 Total $208,596.10 c C ol H rwT n 'O0 H M m S 4 2 ££H 900 4 hiO3 CL H£H OH h1 H 0 r`1J tsJH 'dC m w w Kl O• w rt M 6 O H F+ N p w h1 rt H H 0 rt H• m W 0 H m rt rt rt C 0 p H H H rt rt rt K a• w w rt w n H 0 m 0 •• r m m 0 F+ Fl m m w hJ C r H, m m q m N '.7 m rt m an d b •,d M H M. 0 rt m n r H H H H a H Rr n H m= P. m m m m hj H+ w rt ro m p m h4 0 m Rr m m rt H H .4 C f ro m rt N H a m C m m n W m R+ m N w rt M ly7 C n 1+ O 7 rt w 0 m rt N H C p o ff H 0 rt tj 00 H H m n C 0 rt n w p m w V m H N H �j H m m m W rnr 00 m n � p k .. 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V n rt rt O rt rt Ffi m µ rt m R N N N a s a s ro C n n n n m I H 1 n n n n H m O O O O µ [j] N td n m n p a a. w rt rt rt rt µ O d m w µ m m ro rt p rt 0 m 09 m m H �~ �~ o r°n m m M w CL H O rt w r I", to In O O O F O � W V O N m F In 1n O O W O T O H O rt w r a m ro 0 4 C21 n H H Oz H O 0 ro r� K1 y In F H In F N N N H IW 1�0 l I kD ao O � IO%D IO I r O r r O a m ro 0 4 C21 n H H Oz H O 0 ro r� K1 y H In F N N N H HD IN IO%D IO I O r 00 D �D O gnu+ r or or �. e d M a m ro 0 4 C21 n H H Oz H O 0 ro r� K1 y TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS '.VILLIAM F KOCH, JR, Mayor ALAN I ARMOUR, Vice Mayor JAMES E CROSS DEPARTMENT OF PUBLIC WORKS JAMES T SKELLY JR LAWRENCE E. STAHL 721! •Il iY February 19 89 MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33/83 TEL.: GULF STREAM 13011 218 5116 Town Manager WILLIAM E. GWYNN Assistant Town ManageaTown Clerk BARBARA GWYNN Chief of Police JAMES GREER TRASH HAULED 571 Total Yards Total Tons 32 SIGNS REPIACED Two. One post. Removed ROAD REPAIR Cut Tree at 1330 N Oc an ATA - Banyan and Oleagaer TREE TRIMMING Trim tree, County Road Trim path to beach by Ganish and Hill PREVENTIVE MAINTENANCE Cars, Truck, Tractor Weekly MISCELLANEOUS Drain and clean fountain . TH and PD sprayed for carpenter ants Gas pump glass Paint mail slot. New radiator on truck. LAWN MAINTENANCE & CLEANING Three MISC. MAINTENANCE ON Maintenance Shop Weekly BUILDINGS Police Station Town Hall ANIMAL TRAP CALLTwenty -one STICK GAS TANK haily . N:v 71.I�IC M :U7D • • 1a• Weekly Weekly Clarence J. Sova Superintendent of Public Works f RESOLUTION 89 -1 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, ENDORSING THE SOLID WASTE AUTHORITY'S SELECTION OF THE WEST BOCA SITE Ill AS A LANDFILL, TRANSFER STATION SITE, AND IF REQUIRED A FUTURE BURNING UNIT SITE: REQUESTING SUPPORT FROM THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS OF THE WEST BOCA SITE SINCE THE SOLID WASTE AUTHORITY HAS OBTAINED ALL REQUIRED AND NECESSARY EXPERT OPINIONS AND HAS EXPENDED IN EXCESS OF SIX HUNDRED THOUSAND DOLLARS ($600,000) IN THE SELECTION PROCESS; REQUESTING OTHER MUNICIPALITIES WITHIN PALM BEACH COUNTY TO JOIN IN THIS EFFORT IN ORDER TO AVOID FURTHER EXCESSIVE EXPENDITURES AT TAX PAYERS EXPENSE: DIRECTING THE T014N CLERK TO FURNISH COPIES OF THIS RESOLUTION TO ALL OTHER MUNICIPALITIES LOCATED WITHIN PALM BEACH COUNTY, TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, AND TO THE MEMBERS OF THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES. WHEREAS, the Solid Waste Authority of Palm Beach County has selected a parcel of land located in South Palm Beach County to be used as a landfill, transfer station, and if necessary, a future burning unit; and WHEREAS, the site, known as the "West Boca Site Ill" was selected by the Authority after obtaining all required and necessary expert opinions and recommendations for which the Authority expended in excess of six hundred thousand dollars ($600,000); and WHEREAS, the County Commission has further expended the sum of two hundred fifty thousand dollars ($250,000) of taxpayers' monies for an additional review and report on the feasibility of a different site even though the final decision rests with the Solid Waste Authority; and WHEREAS, 405,783 tons of solid waste is generated by those areas south of Forest Hill Boulevard and east of the Florida Turnpike which amounts to over 37 percent of all solid waste in Palm Beach County; and WHEREAS, 204,990 tons of solid waste is generated by those areas located from 2.4 miles north of Atlantic Avenue to the southern border of Palm Beach County which amounts to over 17 percent of all solid waste generated in Palm Beach County; and WHEREAS, THE Town Commission of the Town of Gulf Stream strongly supports the proposition that site selection processes should be conducted in the business arena and not in the political arena. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, THAT: SECTION 1: The Town Commission of the Town of Gulf Stream, Florida, hereby publicly supports the site selection of the solid Waste Authority for its future South County Landfill, transfer station site and possibly a future burning unit site, which is commonly known as the "West Boca Site 111" SECTION 2: The Town Commission of the Town of Gulf Stream hereby requests support from the Board of County Commissioners of Palm Beach County such that taxpayers' money will not be spent needlessly searching for additional sites when this site has been recommended in accordance with the procedures to be utilized in the selection process. SECTION 3: The Town Commission of the Town of Gulf Stream, Florida, requests support from other municipalities for the Solid Waste Authority's selection of the West Boca Site 111 in order to avoid further needless expenditure of taxpayers' dollars. SECTION 4: The Town Clerk is directed to deliver copies of this resolution to all other municipalities located within Palm Beach County, Florida, to the Board of County Commissioners of Palm Beach County, and to the members of the Solid Waste Authority. SECTION 5: This Resolution shall take effect immediately upon adoption of the Town Commission of the Town of Gulf Stream, Florida. PASSED AND ADOPTED in a regular adjourned session this 10th day of March , 1989 -t� MAYOR COMMISSIONER TOWN CLERK 1. SSIONER � as i � .•ate 1 I 1 �' //_ _ COMMISSIONER TOWN CLERK BOCA BATON NRWS DRLBAY BRACH NRWS BOYNTON BRACH NRWS Published Daily Monday thrill Sunday Boca Raton, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida STATB or >rLOJUMA COUrTY 07 siLx BRACE Before the undersigned authority personally appeared BARBARA MASSEY who on oath says that she is the Classified Advertising Manager of the Boca Raton News and the Delray Beach Nerwe, daily newe- papers published at Boca Raton in Palm Beech Cali ty, Florida; that the attached copy of advertisement was published in said newspapers in the issues of: Afflant further says that the said Boca Baton News and Delray Beech News are newspapers published at Boca Raton, in said Palm Beach County, Florida, and that said newspapers have heretofore been oontin- • 111ly published in said Palm Beach County, Flcr- , Monday through Sunday, and have been entered as second class matter at the poet office in Boca Raton, Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aftiant further says that she has neither paid nor promised any per- son, firm or corporation any discount, rebate, ocm- mission or refund for the purpose of securing this advertisement for publication in said newspapers. L' Sworn to and subscribed before me this LAA-� Ay o A.D., 19(L , -sal, Notary Public, Mate of Florida at large) My-Commission expires , 19 Notary. Public, State of Florida at large Nona To "DIM TONNOf WVe m vmuSOgmW A rpuasl to emend a wRA doll from Ins rail Ere Hill to don tell - LOt 045 all ROwn - Pill, Au S01all am 10 amine Illation 01 dal then! IM realuil lWarm flat Id Ill. IM on the wnt aide M Lot 63 M Em laid Row.. Pursuant to SlCGM V11 A I, RS Resldm6al Sim due Farelly s 1 lam Buld ng CoCes �ordnw.011 The Town 01 Gulf Stream Planning and Zoning Board wul reeirx the Tell 4p sal Ma Sin l A i LZGU� 4ream town Xell. IN Torm Comimli sitlilp as the Board of AdNStmem will 111.11 a ,01, hearing all GA.Y. SIerNlo" Hall IM Sea RDate GuII Stream, LL All imHeSlM pare. wet N given an MWrtumiv to N heard. Plans are on Ide In Ne ahem 01 Ins Town Chile cull stream Town Bell Baroala Gwynn T.4Claa PId"' A" "IS H% Btta Raton Newweelp Began News Ada Ml BOCA RATON HEWS DETAIN AT BEACH XZWS BOYNTON BEACH MAWS Published De1)y Monday thru Sunday Boca Raton, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida STUB or FLOW COUNTY or PALM BRACE Before the undersigned authority personally appeared BARBARA MASSEY who on oath says that she is the Classified Advertising Manager of the Boca Raton News and the Delray Beach News, dally news- papers published at Boca Raton in Palm Beach Coun- ty, Florida; that the attached copy of advertisement was published in said newspapers In the issues of: 1 Afflant further says that the said Boca Raton News and Delray Beach News are newspapers published at Boca Raton, in said Palm Beach County, Florida, and that said newspapers have heretofore been oontin- '-'Laly published In said Palm Beach County, Flor- , Monday through Sunday, and have been entered as second class matter at the poet office in Boca Raton, Palm Beach County, Florida, for a period of one year next preoeding the first publication of the attached copy of advertisement; and afflant further gays that she has neither paid nor promised any per- son, firm or corporation any dleeount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in safd newspapers. Sworn to and subscribed before me this day oLNYC A.D.,1 -aal, Notary Pubhe,"State of Florida at large) My Commission expires. , 18 Notary Fu0lic, State of Florida at Lof -c TDAIR a Dws ATUASF "MABDB MNST The muowm9 varana reovPeta will ,of [dine the Gull Stream Planning and onto Board And the Town Com missive 1. Mnimom Area of 15.111 W. It u, aleed of IM rMwrM Son OF 11.. a Is"A'IF dl j5B5 A 11. ie '1011ted. Pursuam to Se[t'mn Vu 95 Single Family District A I Pg. 38. T FrMI Y,to w1batk N NO f1. It wall dr 7 ?0 11 to PoVeS Instead IH IN le, owned el IS F wall or 38.75 N It eaves If varwnce of n 8 It a r docile. Pursuant to Setlmd VII R 5. sn"M Far, I DelIIo I Pg. 81, 3. Sine ram teloRk N 1261 ft. to Ins .614 1, 9 6111. to me NvH ihii a Me reovired 180 H. to Ow wall An 150 H 10 IN eaves, a variants of 5.S3 fl. to WA sides is "QUAIN Pu,aant 1d when VII R S. Sni Family District Kd Pg 71 A Tnat me owner be SHOWN Id glace 'q emi M Ins geragS IHmg the atrRl. In' ad If Aide enlranCe 10 Ins "rage PRAaM to So ion XRS Single Fa,nUY District F-3. Pg. 35. GULF STREAM BUILDING CODES ORDINANCE NO 83H LEGAL'. LOT I1. GULF STREAM COVE. ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 34. PAGE 1850F THE PUBLIC RECORDS OF PALM BEACH COUN- TY.F:ORIDA ,he town A, emI Slream Planning and Ioning Board will rev eve me request at their regular meefmg or WNaW ill " B, IM 9 f A.Il ll I Stream Town Hall TR Town Commn¢ ion stem, as Me 3d6 E Of Ndlo mein wdl NIduO A F"' " near ng i at A A.Y., e , tlis Aryl .54, Hall IR GWI Stream Town Hall. 100 Sea Road Gull Sham, FL All it iN Parties w,11 de given an WNrMn1tY M de heard, Plane are on id ''.n 11 gild 0 the Town Clark, GWf Stream Tdwn Hall _Ibho. Al 15. )m xa P6Ipn NewJ00rav Been News PB C 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 March 13, 1989 TO: PALM BEACH COUNTY COMMISSION ALL PALM BEACH COUNTY MUNICIPALITIES RE: RESOLUTION NO. 89 -1 PLEASE BE ADVISED THAT THE ATTACHED RESOLUTION SUPPORTING THE SOLID WASTE AUTHORITY IN THEIR SELECTION OF THE WEST BOCA SITE N1 AS A LANDFILL, TRANSFER STATION SITE, AND IF REQUIRED, A FUTURE BURNING UNIT SITE WAS ADOPTED AT THE REGULAR COMMISSION MEETING OF THE TOWN OF GULF STREAM, MARCH 10, 1989 Barbara Gwynn Town Clerk Attachment: MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33483 TEL: GULF STREAM (407)278.5118 Town Manager WILLIAM E. GWYNN Assistant Town Manager-Town Clerk BARBARA GWYNN Chief of Police JAMES GREER REPORTED CRIMES 1. BURGLARY (2) 2. 3. 4. 5. 6. 7. 8. 9. 10. POLICE SERVICE CALLS MONTHLY POLICE ACTIVITY REPORT GULF STREAM POLICE DEPARTMENT MONTH OI' �M 1. DOMESTIC - 1 2. SUSPICIOUS INCIDENTS - 10 3. ASSIST OTHER DEPARTMENTS - 6 4*' POLICE SERVICE CALLS - 8 5. UNATTENDED DEATH - 1 6. TOWN ORDINANCE VIOLATIONS - 2 7. ANIMAL COMPLAINTS - 2 8. DISTURBANCE CALL - 1 9. ' 10. 11. 12. FALSE ALARM CALLS 47 MEDICAL ASSISTS FIRE ASSISTS FEBRUARY 1989 INVESTIGATIONS PENDING 3 ACCIDENT INVESTIGATIONS I ARRESTS MISDEIIEANOR _n_ FELONY n DWI _0 TRAFFIC (CITAT'IONS) WARRANTS 0 TOTAL CALLS FOR THE MONTH; 84 �� JAMES W. GREER, CHIEF OF POLICE SCHOOLS/EDUCATION Class Title: DRUG AWARENESS Req'd By: STATE (MANDATORY) Officer /s: JAMES W GREER )ate /s: COMPLETED 2/17/89 (lours of TraiiiinF: 40 Board of County Commissioners Carol J. Elmquist, Chairman Karen T. Marcus, Vice Chair Carol A. Roberts ;arole Phillips Ron Howard February 15, 1989 County Administrator Jan Winters Department of Environmental Resources Management TO: All Coastal Municipalities and Inlet Districts: SUBJECT: DEPARTMENT OF NATURAL RESOURCES COASTAL SURVEY REQUEST FOR COOPERATION The Florida Department of Natural Resources will be performing a coastal survey in Palm Beach County beginning in February and continuing through June of this year. The data collected during this survey will be used in computing a new Coastal Construction Control Line. The data will also be used in future coastal studies by many governmental agencies and others. Survey crews will be working in the coastal and nearshore areas to complete this work. Please be as cooperative as possible with this effort. Sincerely, 6 nc `XA.j (P- Richard E. Walesky, Direct Environmental Resources Management REW: CT: jm 3111 SOUTH DIXIE HWY., SUITE 146 WEST PALM BEACH, FLORIDA 33405 (407) 820 -4011 SUNCOM 245 -4011 CD COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS JAMES T. SKELLY, JR. LAWRENCE E. STAHL � i TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA MAIL ADDRESS 1W SEA ROAD GULF STREAM, FLORIDA 33083 TEL: GULF STREAM (407) 27 &5118 Town Manager WILLIAM E. GWYNN Assistant Town Manager -Town Clark BARBARA GWYNN IN PROGRESS TOWN OF GULF STREAM FOR FEBRUARY 1989 Chief of Police EER TOTAL OF PERMITTED WORK IN PROGRESS $2,006,590.00 NEW HOMES Robert Natapow 700 Wrightway Alan Jared 935 Emerald Row Tom Walsh 1709 N. Ocean Blvd Guard House Place Au Soleil P. Orthwein 543 Palm Way REMODELING AND ADDITIONS William O'Hey Gulf Stream School Tom Walsh 2525 N. Ocean 3600 Gulf Stream 3545 N. Ocean 4 misc. repair jobs — denolition — a/c units Fences — Reroofing. RUSTEN ASSOCIATES 655 Fifteenth Street, N.W. Suite 320 Washington, D.C. 20005 (202) 639 -4201 February 28, 1989 Mr. William E. Gwynn Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33444 Dear Mr. Gwynn: 3250 Wilshire Boulevard MANAGEMENT Suite 900 CONSULTANTS Los Angeles, California 90010 (213) 857 -8368 We herewith submit the report of our assessment of the Town government of Gulf Stream and our reassessment of the Gulf Stream Police Department, pursuant to the provisions of our contract with the Town, dated January 13, 1989. We regret to advise you, the Mayor and the Town Commissioners that we find conditions in the Town government and the Police Department have deteriorated substantially since our original assessment three years ago. We find this to be es- pecially regrettable in light of the nature and beauty of the Gulf Stream community. The community and its residents deserve a more enlightened and higher quality of service than they are currently receiving from some components of their Town gov- ernment. Because of the seriousness of the conditions we found to exist, and because we believe the Mayor and Commissioners are sincerely determined to set the Town government on a new course, we have attempted to assist them by being direct and forthright in describing our findings and recommendations. We believe they will find this report to be of considerable value. Sincerely, RUSTEN ASSOCIATES Allan C. Rusten President TABLE OF CONTENTS Chapter Page No. I. INTRODUCTION 1 Background of the Study 1 Scope of the Study in Gulf Stream 1 Methodology of the Study 2 H. FINDINGS AND RECOMMENDATIONS 4 Overview of the Situation in Gulf Stream 4 Management and Operations of the Town 5 Government Management and Operations of the Police 8 Department Status of Previous Recommendations 10 Top -Heavy Organization 13 Scheduling of Personnel 15 Police Secretary 16 Other Management Issues 17 SUMMARY OF RECOMMENDATIONS 20 APPENDIX: PERSONS INTERVIEWED I. INTRODUCTION I. INTRODUCTION BackEround of the Stud In early 1986, Rusten Associates was engaged by the Town of Gulf Stream to conduct a study of the Town's police department. That study, completed in Febru- ary 1986, described a series of findings relative to the strengths and weaknesses of the Gulf Stream Police Department and offered nine specific recommendations de- signed to improve the effectiveness and efficiency of the department. That report was accepted by the Town Commission and, at a special meeting on May 28, 1986, the Commission, according to the official minutes, "decided that the Rusten Report has served its purpose successfully and should be complied with." Two- and -a -half years later, in October 1988, the Town Manager contacted Rusten Associates to determine whether or not the firm would be willing to return to Gulf Stream to update its findings and recommendations, and to determine the extent to which the recommendations contained in the 1986 report had been implemented. The management consulting firm agreed to conduct such a reassessment of the police department, and it submitted a formal proposal to the Town, dated October 26, 1988. In January 1989, the Town Manager again contacted Rusten Associates to re- quest that the Scope of Services contained in the proposal of October 26 be expanded slightly, and to discuss possible dates on which the reassessment of the police de- partment could be initiated. An amended proposal was submitted to the Town of Gulf Stream on January 9, 1989. On January 16, 1989, the Mayor, the Town Manager, and the President of Rusten Associates participated in a telephone conference call during which the Mayor re- ported on the decisions of the Town Commission at the previous week's meeting and its desire to expand the scope of the study to include all components of the Gulf Stream government. The amended Scope of Services was reduced to writing by Rusten As- sociates on January 16, 1989 as an amendment to its proposal of October 26, 1988. That proposal and the amended Scope of Services were made part of an Agreement which was executed jointly by the Town of Gulf Stream and Rusten Associates, under which the firm was engaged to conducted the assessment of the Town government and a reassessment of the police department. Scope of the Study in Gulf Stream The scope of the study of the Town of Gulf Stream and its police department is spelled out in the final version of the Scope of Services, dated January 16, 1989. The specific tasks to be performed were described as follows: TASK 1. Collect and review appropriate documents including reports the Chief of Police was supposed to submit to the Town Commission by April 1, May 1, and July 1 of 1986 concerning the implementation of recommen- dations contained in the original report. -1- TASK 2. Conduct individual interviews with the Mayor, the Town Manager, the Town Clerk, the Public Works Director, the Police Commissioner, the Chief of Police, the Captain of Police, and other selected personnel of the Gulf Stream Police Department. We are also prepared to interview the Presidents of the Gulf Stream Civic Association and the Place Au Soleil Civic Association if you and they so desire. The purposes of these interviews is to obtain information about the general management and operations of the Town government and the progress that has been achieved in implementing recommendations contained in our original 1986 study of the Police Department; the impediments to full implementation; the current management and operations practices within the Police Department; communication between and among the Town Manager, Town Clerk, the Chief of Police, and the Police Commissioner; and the duties, functions and workloads of the Secretary assigned to the Police Department; and ways in which new and /or modified recommendations might improve the effectiveness of the Police Department. TASK 3. Examine and analyze available dispatch cards and other data which re- flect existing service demand levels and the Police Department's abil- ity to respond to those demands for service. TASK 4. Conduct meetings with the Chief of Police, the Captain of Police, and other appropriate personnel of the Police Department to discuss the status of recommendations contained in the 1986 report, existing impediments to full implementation, and possible modifications to achieve the objectives \ of the Mayor and Town Commission. J TASK 5. Prepare a brief written report for transmittal to the Mayor and Town Commission, and to the Town Manager, setting forth our updated find- ings and new or modified recommendations concerning the Police Depart- ment; and indicating any other problem areas we find concerning the overall management and operations of the Town government. In the latter cate- gory, our responsibility is limited to identifying such problems if they exist and to recommending further and separate studies or action as appro- priate. Methodology of the Study Rusten Associates initiated the Town government and police department study in Gulf Stream on February 14, 1989. Two members of the consulting team (Allan C. Rusten, Project Manager; and James T. Nolan, Senior Associate) spent a total of five man -days in Gulf Stream conducting in -depth interviews with 26 individuals, including Town officials, personnel of the Gulf Stream Police Department, other Town employees, and officers and members of two community civic associations. A full listing of the persons interviewed appears in the Appendix of this report. In addition to conducting those interviews, the consultants collected and reviewed a substantial number of documents, memoranda, reports, police dispatch cards, and other written materials pertinent to the study. -2- The consulting team spent an additional eight man -days reviewing and analyz- ing the collected documents; developing a sample data base to measure police patrol workloads utilizing the complaint /dispatch cards; reviewing and distilling all inter- view notes; then analyzing all of the information gathered, arriving at conclusions, and formulating recommendations, as appropriate. This report represents the product of the consultants' efforts. -3- II. FINDINGS AND RECOMMENDATIONS 11. FINDINGS AND RECOMMENDATIONS Overview of Situation in Gulf Stream The overall condition of the Town government of Gulf Stream has deteriorated perceptibly since our last assignment in the community three years ago. The major symptoms are as follows: 0 The Town Manager and the Town Clerk have submitted their resig- nations. 0 The search for a new Town Manager is limited and contaminated. 0 The open feuding between the leadership of the Police Department and the Town Manager and Town Clerk has led to schisms among Town Commissioners and community leaders. 0 The leadership of the Police Department is out of control, with the result that it is operating the department like a privately held security service and fraternal organization rather than as a profes- sionally managed municipal law enforcement agency. 0 There is substantial dissension and divisiveness within the Police Department. 0 The Town Manager and the Town Commission have demonstrated little if any firmness in dealing with a myriad of problems over recent years, thereby allowing this situation to escalate to its current crisis proportions. It is incredible that such a beautiful and affluent community as Gulf Stream, free of most urban problems, and with a very small government of less than 20 full - time and part -time employees, should find itself in this morass. The roots of the current problems are found in the history of the Town and with decisions that may have had merit many years ago but which are seriously flawed under existing circum- stances. Among the more prominent of the root causes of today's difficulties are the following: — The Town Commission's hiring of a part -time Town Manager 15 years ago, and the continuation of that arrangement to this time. -- The Town Commission's failure to clearly delineate, by Charter or ordinance, the powers and duties of the Town Manager. -- The Town Commission's hiring as Town Clerk the spouse of the part - time Town Manager, then its failure to clarify whether or not she has powers and duties as an.Assistant Town Manager in her husband's absence. -4- The failure of the Town Manager and /or the Town Commission to intervene immediately (at least three years ago) when the leader- ship of the Police Department began to openly refuse to cooperate with the Town Clerk. The practice of designating individual members of the Town Com- mission to be responsible for overseeing specified Town government activities (e.g., Police Commissioner, Public Works Commissioner, and Finance Commissioner). This practice, which has no grounding in the Town Charter, has tended to dilute the authority of the Town Manager and has, in the case of recent Police Commissioners, helped drive a wedge between the Police Department and the remainder of the Town government. -- The weakness of the Town Manager and the lack of diligence of the Town Commission in dealing firmly and immediately with the Chief of Police on the numerous occasions he has ignored orders and directives (e.g., the Commission's instructions to implement the recommendations contained in the Rusten Report of 1986) and on the numerous occasions he has manipulated the Town for his own purposes (e.g., giving temporary promotions to three Officers to the rank of Sergeant to ensure their "loyalty ", then taking the position that these "temporary" promotions cannot be rescinded). Management and Operations of the Town Government The Town of Gulf Stream is governed by a Charter which spells out, to a limited extent, the duties and responsibilities of the key actors. It assigns to the Town Commission "all legislative powers of the Town ". It spec- ifies that there shall be a Mayor and a Vice Mayor, but there are no provisions for a "Police Commissioner ", "Public Works Commissioner" or "Finance Commissioner ". It states that the Mayor "shall preside at meetings of the Commission, shall be recog- nized as head of Town government for all ceremonial purposes.... but shall have no administrative duties except as required to carry out the responsibilities herein." The Charter states, "The Commission shall appoint a Town Manager, Town Clerk, and a Chief of Police who shall serve at the pleasure of the Commission and perform such duties as may be specified by law or the Commission." There are several crucial weaknesses inherent in these findings: The precise powers and duties of the Town Manager, including his/ her authority relative to other Town employees, are not delineated in the Charter or by ordinance. There is no legal basis for the existence of the "Police Commissioner ", "Public Works Commissioner ", or "Finance Commissioner ". These assignments or designations have the potential of diluting what should be the authority and responsibility of a Town Manager to oversee -5- the operations of the Town's departments and the performances of department heads. In fact, the actions of the Police Commission- ers over at least the past three years have contributed to the current situation, although the Town Manager must assume some responsib- ility for not asserting himself more. Before a new, full -time Town Manager is hired, the Town Commission should take appropriate actions to fix responsibility and accountability, in accordance with recognized standards under the Council - Manager or Commission - Manager form of government. 1: By Charter amendment or adoption of ese snould mctude, at a m The Town Commission shall appoint a Town Manager who shall be respons- ible for the management and operations of all departments and activities of the Town government, and who shall serve at the pleasure of the Commis- sion. The Town Manager shall appoint the Town Clerk, the Chief of Police, other department heads, and all other Town employees with the approval of the Town Commission. The Town Clerk, the Chief of Police, and other department heads shall serve at the pleasure of the Town Manager. C. The Town Manager shall be responsible for all liaison and official com- munication between the Town Commission and other Town employees, including department heads. The Mayor and Commissioners shall discour- age direct official dealings between themselves and Town employees, other than the Town Manager, except in unusual circumstances. Recommendation 2: The Town Commission should take formal missioner. ine sown manager snouia ue encourageo to utuize me appucaoie exper- ience and expertise of Commissioners on an advisory basis, but Commissioners should in no way interfere with the Town Manager's responsibility and accountability rela- tive to the operations of the Town's departments and the performance of Town em- ployees. Relative to the current search for a new, full -time Town Manager, we offer the following findings: The search for a new Town Manager has been geographically limited to Florida, because the position has been advertised only within the state. The incumbent Town Manager said this was done to ex- pedite the selection process. o The current selection process has been contaminated by allowing one of the candidates to be escorted around Gulf Stream to meet -6- key community leaders, and by permitting that same candidate to discuss commitments regarding employment and contractual services involving incumbent Town employees. One of the issues which led to, or at least contributed to, the resignation of the Town Manager and the Town Clerk has to do with the working relationships be- tween the Police Department and the Town Clerk. The letter of resignation dated December 8, 1988 which the Town Manager and Town Clerk jointly submitted to the Town Commission stated: "Had the Police Department been willing to cooperate and work through the Town Clerk, this employment relationship could have continued for years to come." The organization of the Town government is depicted in a hand -drawn chart prepared recently by the Town Manager (see next page). The chart is clear and easily understood. It in no way suggests that the Town Clerk is also the "Assistant Town Manager" or that the Town Clerk supervises the Police Department in any way. In fact, a position description for Town Clerk, which was prepared at the same time as the organization chart, says the Town Clerk has responsibility for supervising "the operation of the public works..." and "the code enforcement, and planning and zoning of the Town ". But it contains no specific reference to the Police Department. The only language in the position description which might be applicable to the Police Department is the following reference to the Town Clerk's duties: "Serves as the Assistant Town Manager as directed by the Town Manager." Whatever was intended relative to the organization chart and the position de- scription, we are not aware of any clearly worded directive that fixes with the Town Clerk precise authority over the Police Department. The Town Manager and /or the Town Commission could have acted to clarify this situation, but apparently did not. Regardless of what has transpired, our previous recommendations in this report, if implemented, should clearly fix the authority and responsibilities of the new full - time Town Manager. In addition, it is our judgment that with a full -time Town Man- ager, there is no need for a full -time Town Clerk. 4: When a full -time Town Manager is hired, the Manager should e duties of the Town Clerk, with the assistance of a Dart -time se retary or part -time 'Town clerk and the Superintendent of Public Works. The latter individual currently serves as an assistant to the Town Clerk. Under this arrangement, the position of Town Clerk could be left vacant at this time. The Secretary currently assigned to the Police Department could be utilized by the Town Manager in this arrangement since she is not fully occupied with her current duties, a matter which will be discussed more fully in the next section of this report. The new Town Man- ager should be permitted to analyze this situation and make recommendations to the Town Commission. -7- �� d W W o w �� TO �� J �� U W �� , W�� Up Jv U CJ W r WW R41 ��1 z U FR d W W NJ w w J �� }�� Z UU�� lye' n �� h Ut �� w n Q LU Y) W r WW R41 ��1 z U FR d W W NJ ��y3a w The Town Clerk currently supervises the Superintendent of Public Works (a full -time employee) and the Building Official /Code Enforcement Officer (a part -time employee). With the Town Clerk's position either left vacant or reduced to part -time status, the Town Manager would supervise these two employees directly. Both are highly capable and conscientious employees who require minimal oversight. The Super- intendent of Public Works supervises the two -man Sanitation crew. Management and Operations of the Police Department We find that dramatic negative changes have occured in the Gulf Stream Police Department since we examined it three years ago. The major new deficiencies are as follows: • Management of the department has slipped noticeably. The Chief and the Captain are simply not paying sufficient attention to man- aging the department. • Sound, modern police administration is being overwhelmed by auto- cratic, emotional decision - making and an ability to manipulate the Town Manager and the Town Commission. • Abusive and careless personnel practices have so far cost the Town more than $40,000 in legal fees and have sown the seeds for future legal costs. • There is open dissension among the uniformed members of the Police Department, with about half the personnel we interviewed suggest- ing that it is time for new leadership in the department. • The department leadership is obsessed with "getting" certain police personnel who are regarded as problems. This contrasts sharply with the treatment accorded to those who are regarded as "loyal" to the Chief. • There has been exceptionally high turnover of police personnel in the past three years. • The department is grossly overloaded with rank, having a ludicrous ratio of six supervisors to five subordinates. These matters will be discussed in detail in this section of the report. Before proceeding, we should report on our findings regarding some basic work- load data. It was important for us to determine to what extent, if any, the depart- ment's workloads have changed in the past three years along with its capability to respond to these demands for police service. ME Because the workload of the Patrol function within a police department repre- sents the initial response to the public's demand for service, Calls For Service are an excellent barometer of the service demands placed on a department. We found that there has been little change in the number of Calls For Service in Gulf Stream over the past three years, as shown on the following chart: Calls For Service 1985 Jan. 186 1988 Daily Average 2.4 3.5 3.8 By Shift: 11 pm -7 am 0.33 0.6 0.63 7 am -11 pm (two shifts combined) 2.1 2.91 3.2 As indicated, the workload in the Gulf Stream Police Department continues to be extremely light, with an average of less than four Calls For Service per day. Other measures we compared with our 1986 data show the following: — The average response time of patrol units has improved from 3.5 min- utes in 1985 to an excellent 2.88 minutes in 1988. — The change of dispatch centers from CDC to Delray Beach has had no effect on the time it takes to dispatch patrol units on Calls For Service. In fact, the infrequent inordinate delays that were recorded in 1985 decreased in 1988, except for a few instances in which a Gulf Stream patrol unit could not be contacted by the Dispatcher. — As for the Utilization Factor measurement described in our 1986 re- port, the combination of a continuing low workload level and the addition of one patrol officer has simply added to the already ample time available to each patrol unit for patrol activity. Previously that per unit availability had been comparable to that of three patrol units in most other cities. We were requested to examine the status of the nine recommendations that were contained in our report of February 1986 entitled, "Assessment of the Gulf Stream Police Department." The Mayor and Commission asked us to determine the extent to which each recommendation has been implemented and, where not implemented, to specify the reasons. We have made the requested examination and will present our findings, but it must be said at the outset that the situation is clouded by the perceptions of the Chief. It is the contention of the Chief of Police, as he related to the consultants on February 15, 1989, that he was never directed to implement the recommendations in the Rusten Report of 1986. The Chief says there was the Rusten Report in February 1986; there was his written response to the Town Manager dated March 27, 1986; and there was the Police Commissioner's written comments to the Town Manager and Town Commissioners dated April 7, 1986. It is the Police Chiefs contention -9- that the Town Commission never made a choice among those three documents and never directed him to implement any recommendations. However, the official minutes of a Special Town Commission meeting on May 28, 1986 read as follows: "The Commissioners mutually decided that the Rusten Report had served its purpose successfully and should be complied with." The minutes state that both the Chief of Police and the Police Commissioner were present at that special meeting. The minutes were signed by Sigrid Helmes, Police Secretary. Status of Previous Recommendations On February 15, 1989, the consultants reviewed with the Captain of Police the status of the nine recommendations contained in the Rusten Report of 1986. It should be noted that the Captain did not take the same position as the Chief, that the department had never been directed to implement the recommendations. On the contrary, he spoke in terms of the efforts that had been made to comply with the recommendations. A summary of our findings is as follows: — Recommendation 1: The Police Department work schedule should be revised to limit single patrol units to the overnight shift, when demand for police services is at an extremely low level with a daily average of only .33 Calls For Service between the hours of 11 p.m. and 7 a.m. Status: The Captain of Police says the schedule recommended in the Rusten Report was never implemented because of community pressure to keep two police units operating on each shift. He said this was possible to do after the department was authorized an ad- ditional police officer. Our examination of police dispatch cards and other records for a seven -month period from June to December 1988 show that there is an average of 1.88 units on duty each day on the 7 a.m. to 3 p.m. shift, 2.02 units on the 3 p.m. to 11 p.m. shift, and 1.89 units on the 11 p.m. to 7 a.m. or overnight shift. That is substantially closer to the desired two- units - per -shift target than was the case three years ago. — Recommendation 2: The Police Department work schedule should be revised to provide four hours of road patrol /road supervision four days a week by the Lieutenant; and full -time road patrol supervision by the Sergeant including Saturdays and Sundays. Status: The Captain of Police says this recommendation was imp- lemented originally, with the department's lone Sergeant assigned to weekends and the then - Lieutenant (now Captain) on road patrol supervision during the week. Now that he is a Captain, he does road patrol only when needed, and not more than 20 percent of the time. With four Sergeants in the department now, the Captain says there is supervision on all shifts Sunday and on the 3 p.m. to 11 p.m. shift. Not always covered by supervisors are the three shifts on -10- Saturday and the overnight shift (11 p.m. to 7 a.m.) throughout the week. The intent of this original recommendation was to get the depart- ment's ranking officers out of the office and into road patrol super- vision, which was lacking three years ago. This recommendation has been resisted by the Police Department leadership for the past three years and is still resisted. Today, the Chief, the Captain, and at least one Sergeant are on duty during daytime hours Monday through Friday, while other shifts and days lack supervision. This is poor police management which caters more to the convenience of the brass than to the needs of the community. We will have a recommendation on this situation later in this section. — Recommendation 3: The Gulf Stream Police Department should increase its planning of directed patrol activities. Such functions as beach patrol and radar traffic control, and the coordination of patrol activities on each side of the Waterway, should be determined and assigned on the basis of community needs, not left to the patrol officers to work out based on their personal preferences. Status: The Captain reports that this recommendation was not imple- mented, that it is not the department's policy to keep one patrol unit on each side of the Intracoastal Waterway, and that beach patrol and radar traffic control are still left to the discretion of the police officers. (Or, as the Captain phrased it when speaking to the con- sultants on February 15, 1989, "the guys go on beach patrol when they want to get some sun "). This recommendation has been ignored, either because of the con- fusion of the Police Department leadership over the differences between random patrol, directed patrol, reactive patrol, and pro- active patrol (the Chief and the Captain tend to use these phrases interchangably and incorrectly); or because of the obvious determin- ation of the department leadership to run things as they see fit. Regardless of the reason, the result in this case is inexcusably poor management practices which add to the "private club" atmosphere that pervades the department. Professional police departments do not allow individual officers to decide to go on beach patrol simp- ly because and when they want some sun; nor do they allow indiv- idual officers to decide whether or not they wish to go on radar traffic patrol simply because they do or do not like to issue traffic citations. — Recommendation 4: The Chief of Police should meet with the Director of the CDC to determine the reasons for the several lengthy delays in dispatching Gulf Stream patrol units during the month of January (1986). Status: The CDC has been dissolved, and the Delray Beach Police Department is now providing dispatch services to Gulf Stream. -11- Meetings are held every two months to review problems or com- plaints concerning dispatching. -- Recommendation 5: The Gulf Stream Police Department should immed- iately institute the practice of maintaining a chronological file of dis- patch cards supplied it by the CDC. Dispatch cards should be retained by the department for a period of one year. Status: This recommendation has not been implemented. According to the Captain, dispatch cards are retained by Delray Beach in its files for two years. The impact of ignoring this recommendation will be more fully ex- plained in discussing the next recommendation. — Recommendation 6: All dispatch cards from the CDC should be review- ed by the Lieutenant, not only to match them with officers' reports, but also to monitor time delays in queue, patrol response times, volume and nature of Calls For Service, amount of time officers spend in responding to Calls For Service, and the pattern of Calls For Service in terms of months, days of week, and times of day. Status: The Captain (formerly Lieutenant) does not review dispatch cards but instead relies on the daily log to extract management data. This is another glaring example of the poor management practices that persist in the Gulf Stream Police Department. Rather than expending a minimal degree of effort to obtain and analyze the few dispatch cards that reflect Gulf Stream's police activities each day /week /month, the Captain uses a daily log which does not and cannot provide him with such important management information as the time Calls For Service are held in queue (held by the dispatcher before giving them to a patrol unit), average response time, average time per Call For Service, and the percent of time officers are utiliz- ing for patrol purposes. Many of the calls listed on the daily log, when compared with the dispatch cards we reviewed, were incorrect, especially with respect to clearance times. The daily log also fails to show the time calls were received by the dispatcher. Also, patterns of Calls For Service cannot be determined by looking at a daily log. — Recommendation 7: The Town of Gulf Stream should continue its pres- ent practice of surveying other Palm Beach County police departments annually to determine current salaries in each rank, then take the appro- priate steps to keep Gulf Stream in the middle to slightly higher than middle salary range in all categories. -12- Status: The Captain reports that the Town implemented this recom- mendation. -- Recommendation 8: The Police Department's Policy Book should be amended to limit to three hours the number of hours a sworn officer can work off -duty on those days he is also scheduled to work his regular de- partment assignment. Status: The Captain says the department's Policy Book has not been amended but that the Chief uses the recommendation as a guideline. -- Recommendation 9: The Chief of Police should provide the Town Com- mission with a written report by April 1, 1986 explaining how he intgnds to go about implementing the recommendations in this report. He should also submit written progress reports to the Commission, by May 1 and July 1, 1986, on the status of implementing all of the recommendations. Status: The Chief submitted his one and only report, addressed to the Town Manager, dated March 27, 1986. There is no indica- tion that the Town Manager or the Town Commission took any ac- tion when the Chief failed to submit the next two status reports in May and July. In Summary, of the nine recommendations contained in the Rusten Report of 1986, only one has been fully implemented (the annual review of salaries); only two have been partially implemented; four have not been implemented at all; and two recommendations are no longer applicable. At the outset of this section of the report, we cited a number of new, major departmental deficiencies which were not in evidence three years ago. These re- quire discussion. Top -Heavy Organization When we assessed the Police Department three years ago, it consisted of a Chief, one Lieutenant, one Sergeant, and seven Officers. Today it has a Chief, one Captain, four Sergeants, and five Officers. That means there are six supervisors for five subordinates. We know of no police department in the country — and no other organization in the public or private sector — which has such a ratio of super- visors to subordinates. It is not surprising that, as some members of the Gulf Stream Police Department have told us, neighboring police departments make jokes about the existing rank structure. There is simply no justification for so much rank. First off, there was no need to elevate the position of Lieutenant to Captain. Based on what we have been told, the promotion was approved after a lot of misin- formation was circulated concerning the Fair Labor Standards Act (FLSA), overtime payments to the then - Lieutenant, and the issue of road patrol and road patrol super- vision by the Lieutenant and now by the Captain. Under ordinary circumstances, -13- we would recommend that the Captain's position be returned to the level of Lieuten- ant. However, in view of the facts that the Fraternal Order of Police (FOP) has filed to become the bargaining agent for Gulf Stream's police officers and that agreement has been reached to exclude the Captain (along with the Chief and Secretary) from the bargaining unit, it would be advisable to leave the Captain's position as it is, at least for the time being. (It is ironic that, as the Captain told us, he initiated the FOP idea to "protect" himself. He is said to be the President of the new FOP unit). The case of the four sergeants is a different situation. In May of 1988, three Police Officers were advanced to the rank of Sergeant, giving the department a total of four Sergeants. There is now some confusion and controversy about the reasons for and the permanence of those promotions. The Chief of Police told the consultants on February 15, 1989 that he had two reasons for promoting the three Officers. He said: (1) "We were having PERC hearings, and we needed loyalty." (2) "I was running for Sheriff, and I made a deal with three guys that if I got elected Sheriff, Jack Buchan would be made Chief and one of the three would be made Lieutenant." (We must point out that the Chief's first reason raises serious questions of eth- icality). Everyone we interviewed acknowledges that these promotions were to be tem- porary. Those so acknowledging include the Town Manager, the Chief, the Captain, the Police Commissioner and two other members of the Town Commission. The mem- orandum issued by the Captain on May 3, 1988 to all Officers on the subject of "Acting Supervisors" reads as follows (the underlining is ours): "Commencing 050688 the following officers will be elevated to the position of acting supervisors: Ofe. Burtka, Ofc. Delorme and Ofc. Henry. These officers will hold the rank of sergeant until further notice ". Now, some of the key actors are doing a flip -flop and taking the position that it is not possible to return the Acting Sergeants to their original rank of Officer. Those who are taking that position include the Chief, the Captain and the Police Commissioner. There is also confusion about the costs associated with these temporary promo- tions. Both the Chief and the Vice Mayor told us that there was to be no pay increase for the three men when they were promoted to Acting Sergeant. Yet the Town Manager granted them pay increases of $234 each, using unspent salary funds which were avail- able because of the Chief's leave of absence to run for Sheriff. To further confuse this issue, the Chief sent a memorandum to the Town Man- ager on November 2, 1988, entitled "Probation of Sergeants ". It reads as follows: M[C "On 5 Nov. 88, the probationary period for the 3 sgts. that were promoted on 5 May 88, will expire. The agreement for compensation was at the time $1,500 per sgt. All three sgts., i.e. William Henry, Raymond Burtka, Frank Delorme, have completed the probationary period successfully. No adverse discipline has been taken against any of these sgts. "I know that there could be controversy and accusations that the department is top -heavy with supervisors, but this can be justified: "1. At the time of the promotions I was running for Sheriff and we needed to determine if we had qualified personnel to be supervisors. "2. We wanted to reward our loyal employees. "3. Incentive to remain with the department through the turmoil of threatened lawsuits. "4. To guarantee a supervisor on every shift as proposed by Commissioner Alan Armour." Several points about the Chief's memorandum and this entire situation are troubl- ing. First, none of the key actors we interviewed, except for the Chief, has any recollection whatsoever of a promised $1,500 payment per sergeant upon completion of probation. Second, such a promise makes no sense since these promotions were supposed to be temporary. Why would there have been a probationary period for a temporary promotion? Third, we could find no written record of any commitment or understanding regarding a payment of $1,500 per sergeant. Fourth, the Vice Mayor recalls that he questioned the Chief in great detail at a meeting of the Town Commission and was assured by the Chief that there would be no costs associated with these temporary promotions. Fifth, there were no tests given, no criteria established, and no competition permitted for filling these three Acting Sergeant positions. The only criterion was "loyalty" to the Chief. We will have recommendations shortly which affect this situation. Scheduling of Personnel From the time we first assessed the Gulf Stream Police Department three years ago and continuing to this day, the leadership of the department has operated on the theory that rank has its privileges, especially when it comes to schedules and work assignments. -15- Three years ago, we found that the Chief and the Lieutenant were working the same day shift, that no supervisors were working on weekends or nights, that the Lieutenant was performing no road patrol or road patrol supervision, and that, as we said in our 1986 report, "While the Chief would like the Lieutenant to be at his beck and call in the Police Department office at all times the Chief is present, the Lieutenant simply doesn't have enough paperwork to fill his time and is there- fore under - utilized." The situation is even worse today. The Chief and the Captain still work the same day shift. The Captain still does no road patrol or road patrol supervision (up to 20 percent of his time, if necessary, he says), still has insufficient paperwork to fill his time, and doesn't even do the work he should be doing. It is almost impos- sible to determine how the Chief fills his hours each day, in the office or out. On most days there is also a Sergeant on the day shift to keep the Chief and the Captain company, along with a Secretary who is equally unoccupied with work. On Thursdays, when all shifts are fat with an extra, unnecessary man, there may be a second Sergeant joining the group on the day shift. This is an example of police management at its worst. The Chief and the Cap- tain have virtually no paperwork to do other than read a maximum of four incident reports filed by officers each day. They do nothing relative to reviewing dispatch cards and analyzing response times, patterns of service demands, and the like. Bas- ically, they spend a combined total of 80 hours a week keeping each other company on the choice day shift. By way of contrast, staff officers in major cities do rou- tine patrol supervision, read dozens of incident reports, and have many officers work- ing for them who must be supervised. We have several recommendations designed to alleviate the situation: immendation 5: Eliminate two positions of sergeant retaining the fled sergeants, not simply the longest tenured. This will leave the a Chief, a Captain, two Sergeants, and seven Officers. n 6: Assign the Chief to work the day shift as he does now; assif ork the 3 p.m. to 11 p.m. shift; and assign the two Sergeants to a.m. shift and weekends thereby providing supervision on all sh c. For that one shift, a supervisor would ha availahta by tata„h, Recommendation 7: Eliminate the practice of over - staffing all shifts by one man on Thursdays. Instead, assign personnel to use their accumulated compensatory t Off on Thursdays when it is more convement to the oDerationC of the dpP rtmant Police Secretary We were specifically assigned the task of assessing the workload of the Sec- retary assigned to the Police Department in order to determine whether or not the department needs a Secretary, either full -time or part -time. -16- We could find no written job description or list of duties for the Police Sec- retary, who has been employed in the department for six years. She told us she be- lieves there is one somewhere, but she does not have a copy. In the Police Depart- ment's Standards /Procedures /Policy manual, there is a memorandum dated September 30, 1988 entitled, "Normal Duties of Departmental Personnel." While the position of Secretary is listed, it is the only position listed for which no duties are shown. In the absence of any written description, we requested the Police Secretary to describe her duties. Clearly, they do not add up to a full -day's work. She readily admits this, noting that in the past she has handled the Occupational License pro- cess for the Town and presently takes care of billings for emergency medical ser- vices. In addition, several members of the Police Department complained to us during their interviews that the Police Secretary refuses most requests to assist them, rarely is seen doing any work, and occupies most of her time reading magazines and doing crossword puzzles. Whether or not those complaints are exaggerated, this situation contributes to the "private club" atmosphere that seems to exist within the Police Department. The Police Secretary told us that she does, in fact, have time to perform other work for the Town government. She has refused to do so, she says, because she and the Town Clerk do not get along. Here again, there has been management weakness demonstrated by the Town Manager and the Chief of Police in resolving this issue. 8: The new Town Manager should utilize the services of the Police Town manager will have to work out an appropriate schedule with the Chief of Police so that the Secretary is available to the Police Department as and when needed. Other Management Issues Other examples of the management deficiencies of the Police Department lead- ership came to our attention during the course of our reassessment. The findings are presented here, with recommendations where appropriate: Contrary to the Town's personnel policies, the Chief requested and received compensatory time off for additional hours he claimed he worked during the visit of President -elect Bush last November. The Town's Personnel Policy clearly states, "Department heads and hourly employees are considered on a 'job basis' and not eligible for overtime compensation." The Police Department's personnel practices have become sloppy and autocratic. New officers have been hired without the benefit of thorough background checks, only to have problems result. There are no written procedures which ensure fairness and consistency -17- in the administration of discipline. The likes and dislikes of the department's leadership are far too evident a factor in its dealings with personnel. It is not surprising that fees for labor attorneys are mounting. Personnel turnover in the Police Department has been extremely high over the past three years, averaging 55 percent per year. At the initiation of the Captain, and with the support of the Chief, the Fraternal Order of Police has filed an application to become the bargaining agent for Gulf Stream police officers. The negotiation of the first contract will be extremely important to the Town. 10: The Town Commission should ensure tract will set the tone and groundrules for e ment for years to come. rL)r. i nat con - Police Depart- Over a long period of time, the Town Clerk and the accounting firm which prepares the Police Department payroll were experiencing great difficulty and a lack of cooperation in obtaining from the department necessary payroll information concerning who was on sick leave, vacation, compensatory time off, or going to school, and who had worked overtime. This problem, hopefully, has been resolved by means of a new sign -in sheet procedure which was put into effect last October. Personal clothing purchased by the Police Secretary was charged to the Gulf Stream Police Department, and the approved invoice, marked 39 days past due, was sent to the Town Clerk for payment last December. The Town Clerk returned the invoice to the Police Department. The Chief of Police and the Captain claimed on February 15, 1989 to be unaware of the fact that the State Department of Health and Rehabilitative Services had condemned the Police Department's Breathalyzer and suspended its registration certificate 22 days pre- viously (on January 24, 1989) even though the condemnation notice was openly posted in the Police Department and other personnel were aware of it. The equipment was condemned because there was no certified operator in the department, since the certifica- tion of the only certified Officer had expired. Similarly, the department is doing a poor job managing the man- datory retraining required of all police officers in Florida every four years and scheduling the training which Gulf Stream police personnel are permitted to take during "on- duty" time. Recently, four members of the department, including the Chief and the Captain, found themselves due for retraining at the same time. -18- The Chief persuaded the Town to permit him to purchase body armor for police officers and told the Commissioners the men would be required to wear them. However, the policy memorandum issued by the Chief states that it is "recommended" that each officer use his vest, not "required." Adding to this curious situation is the fart that the department purchased heavyweight flak jackets, instead of the lighterweight mesh models manufactured for warmer climates. Not surprisingly, most members of the department refuse to wear the armor because it is too hot. Several Town officials report that police personnel are no longer as cooperative or diligent as they were previously about reporting street light outages, missing street signs, and dead animals. Clearly, the Town Commission has a critical decision to make relative to the leadership of its Police Department and /or the future of the department itself. Recommendation 11: The Town Commission should take decisive action as soon as practicable to resolve the critical management problems within the Police Departmei There are a number of options available to the Commission including, but not limited to, replacing the Chief and Captain; giving them another chance by imposing on them a work performance program with requirements that they accomplish specific tasks by specific dates (such as implementing all recommendations in this and our 1986 report by a fixed date); contracting out police services to a private firm or another municipality, thereby eliminating the need for a Gulf Stream Police Department, etc. -19- SUMMARY OF RECOMMENDATIONS The recommendations contained in this report are listed below for summary purposes: 1. By Charter amendment or adoption of an ordinance, the Town Commission should clearly define the duties, responsibilities and authority of the Town Manager. 2. The Town Commission should take formal action to abolish the "positions" of Police Commissioner, Public Works Commissioner, and Finance Commissioner. 3. The current selection process for a new Town Manager should be halted im- mediately. The search for a full -time Manager should be broadened through advertising in national publications, and no current Town employees should be permitted to participate in the selection process. 4. When a full -time Town Manager is hired, the Manager should assume most of the duties of the Town Clerk, with the assistance of a part -time secretary or part -time Town Clerk and the Superintendent of Public Works. 5. Eliminate two positions of sergeant, retaining the two most qualified sergeants, not simply the longest tenured. 6. Assign the Chief to work the day shift as he does now; assign the Captain to work the 3 p.m. to 11 p.m. shift; and assign the two Sergeants to work the 11 p.m. to 7 a.m. shift and weekends, thereby providing supervision on all shifts but one per week. 7. Eliminate the practice of over- staffing all shifts by one man on Thursdays. Instead, assign personnel to use their accumulated compensatory time off on Thursdays when it is more convenient to the operations of the department. 8. The new Town Manager should utilize the services of the Police Secretary on a part -time basis, along the lines suggested in Recommendation 4. 9. The Town Commission should rescind any existing agreement which accorded the Chief compensatory time off and should ensure adherence to the Town's personnel policy in the future. 10. The Town Commission should ensure that it has knowledgeable and experienced assistance in negotiating its first contract with the FOP. 11. The Town Commission should take decisive action as soon as practicable to resolve the critical management problems within the Police Department. -20- APPENDIX PERSONS INTERVIEWED APPENDIX: PERSONS INTERVIEWED During the course of the study of the Town government and police department of Gulf Stream, the following individuals were interviewed: Town Officials and Staff Mayor William F. Koch, Jr. Vice Mayor Alan I. Armour Commissioner James E. Cross Commissioner Lawrence E. Stahl William E. Gwynn, Town Manager Barbara Gwynn, Town Clerk Clarence Sova, Superintendent of Public Works James Colebrook, Public Works /Sanitation Dick Brandt, Building Official /Code Enforcement Officer Ann Ford, Commission Minutes Recorder Linda Shoeman, Private Secretary to Mr. Gwynn Personnel of the Gulf Stream Police Department Chief James W. Greer Captain John C. Buchan Sergeant Raymond Burtka Sergeant Frank Delorme Sergeant William Henry Sergeant Eugene Williams Officer Danny Hoyt Officer Paul Peterson Officer Joseph Stocks Officer Gary Ward Sigrid Helmes, Secretary Officers and Members of Community Civic Associations Charles Winston, President, Gulf Stream Civic Association William F. Souder, Jr., Past President, Gulf Stream Civic Association Robert J. Dixson, Gulf Stream Civic Association Rob Dittman, President, Place Au Soleil Association, Inc. COMMISSIONERS WILLIAM F. KOCH. JR, Mayor ALAN I ARMOUR, Vice Mayor JAMES E CROSS JAMES T. SKELLY, JR. LAWRENCE E. STAHL i.3-& SF,Vr-1- OPYJ • >o "�±Z J - 19FAC# •POST ,Sd1✓ -SF✓7 1/✓1-L TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA April 25, 1989 %ExxXM9xSaxx$RHAM % EExsxxxaxxxgi {EKIXXNXXMXMXxxxX33XBS ATTENTION RESIDENTS TOWN OF GULF STREAM AND WHO IT MAY CONCERN. Please note the following Commission Meeting dates. May 12, 1989 is changed to May 5, 1989 June 9, 1989 is changed to June 16, 1989 July 14, 1989 is changed to July 7, 1989 9:00 A.M. Commission Chambers 100 Sea Road Gulf Stream, F1 Barbara Gwynn Town Clerk MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33463 TEL.: GULF STREAM (407) 2765116 Town Manager WILLIAM E. GWYNN Assistant Town ManagerTown Clerk BARBARA GWYNN Chief of Police JAMES GREER