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Home My Public Portal About01/13/1967COMMISSION MEETING HELD JANUARY 13, 1967 Present: Mayor Commissioner Commissioner Commissioner William F. Koch, Jr. John G. Hart J. Phil Hoyle William S. LaPorte Also attending: Fred Hollingsworth, Henry Pope, Kathleen Kirton Roy Cowart, William Gwynn, Ernestine Pope, Henry Lilienthal, C.P. Young, Elza Oliver Katia DiMarco, Harvey Ladew, Mrs. George Carney, Helen Venino and Mrs. Uihlein. Mayor Koch called the meeting to order. Mr. LaPorte moved that the minutes of the meeting held December 9, 1966 be approved as written and that the reading of these minutes be waived. Mr. Hoyle seconded the motion. Motion passed unanimously. Mr. Hart moved that the financial and water report for December 1956 be approved as written and that all expenditures included therein be approved. Mr. LaPorte seconded the motion. Motion passed unanimously. A petition from Mr. Robert C. Reed was read. This petition requested that he be granted a building permit to construct a garage and convert his present garage to living quarters. This petition also included the signature of approval from all residents within 5001 of his property. Mr. Hoyle moved that the petition be granted. Motion seconded by Mr. LaPorte. Motion passed unanimously. Mr. C. P. Young requested the Commission study ordinance #123 regarding setbacks on State Road AlA. He then read page 26 of the zoning ordinance which outlines the prodedures to follow in making any changes in the zoning ordinance. Mr. Young stated that this ordinance was passed illegally and should be repealed. Mr. Koch said he did not think it was a change in zoning but nevertheless he instructed Mr. Lilienthal to review this matter and report back at the next meeting. Mr. Lilienthal said that the ordinance was passed at the request of the County Commission and he thought it was done properly. Mr. Pope said that the ordinances should be observed by the Town Commission as well as everyone else. This action was an amend- ment to the zoning ordinance. Mr. Hollingsworth - setbacks are part of zoning, you should treat it as such and follow the procedures set forth to make it legal. I urge you to study it and consider repealing it. It is a technical point that can be corrected by following the procedures for changes in zoning. Mr. Ladew was given the floor to state that Mr. Pope had instructed the Fla. Power and Light Co. to top the pine hedge on This property and they had done so. Mr. Ladew said he was upset because his privacy had been destroyed by cutting the pines. Mr. Koch said it was a matter between Mr. Pope and Mr. Ladew. Commission meeting held January 13, 1967 cont. Page 2. Mr. Ladew said that he wanted to erect same tall poles with boards across them to block the view to Mr. Popes' property. Mr. Koch asked Mr. Ladew to submit a sketch so that a building permit could be issued. The Police reports for December 1966 were read. The water samples for December 1966 were reported satisfactory by the Palm Beach County Health Dept. Mr. Lilienthal reported that after studying the Town's peddler ordinance he did not believe that it irould be amended to specifically prohibit mobile lunch wagons from operating within the Town. There was no progress to report on the designing of a new Town Hall. It was reported that the option to buy the dump had been returned unsigned by the owner. He has asked that a 10% binder be furnished by the Town. Mrs. Oliver asked the Commission what the status was of a proposed par three golf course to be built on the polo fields. The Town Clerk reported that the proposed request for rezoning and permissive use of the polo fields and other areas had been withdrawn at Mr. Pope's request. Mr. Pope said that he had submitted the request before and that he would submit a new request in writing and wanted the Town to take official action to bring it before the Commission for a hearing and action. Mr. Pope further stated that the Commission had a meeting to discuss this matter on Friday January 6, 1967. Mr. Koch replied that some of the Commissioners met to look at a map and proposed zoning changes as prepared by Mr. Pope but that these plans had not been formally submitted to the Town for consideration. The Commission instructed the Town Clerk that when a formal request was submitted to the Town, that he proceed according to the regulations outlined in the Town zoning ordinance to bring this matter before the Town Commission for a hearing. Mr. LaPorte moved that proposed ordinance #134 titled "AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REGULATING THE SUBDIVISION OF LAND IN OR ABOUT TO BE ANNEXED TO THE TOWN OF GULF STREAM: REQUIRING AND REGULATING THE PREPARATION AND PRES;NTATION OF PRELIMINARY AND FINAL PLATS AND DEVELOPMENT PLANS: ESTABLISHING MINIMUM SUBA DIVISION DESIGN STANDARDS: PROVIDING MINIMUM IM. PROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER AND PRESCRIBING PENALTIES FOR VIO- LATION THEREOF:" be placed on first reading. Mr. Hoyle seconded the motion. Motion passed unanimously.. This ordinance was then read in full. Commission meeting held January 13, 1967 coot. Page 3. Mr. Fred Hollingsworth, Attorney for Mr. Pope was given the floor. He stated that the ordinance as now written is illegal and there are many cases to show that it is illegal. He quoted cases that point out "you cannot force someone to plat his land for any purpose." The definition of subdivision and dividing of land in this ordinance does just that. He also referred to the requirements for street widths as being a case in point where the ordinance is unfair and illegal. Mr. Hollingsworth further stated that they are ready to go to court to fight this ordinance and they are prepared to go to court to sue the Town Commissioners individually for damages. Mr. Pope said he objected to the Town spending money preparing this ordinance and referred to the one page ordinance he had submitted earlier. Mr. Hollingsworth said that the biggest objection among many other objections was the requirement that land must be platted in order to be sub - divided. The Commission instructed Mr. Lilienthal to review the ordinance once again and asked Mr. Pope to bring in any new ideas he had before the 2nd reading is to be heard. Mr. Pope said the Commissioners are discriminating against him and the ordinance is unfair to any developer. Mr. Koch said the Commission is only trying to do what is best for the Town. There being no further business to come before �f the Commission, the meeting was adjourned. 1 / i t-- / n �_ Attest �� -�'-�� Water used: Balances 11/30/66 Deposits Withdrawals Balances 12/31/66 FINANCIAL AND WATER REPORT December, 1966 Master meter z, 679' /00 g4(� Individual meters 78S aoo 94 /s. Water Fund General Fund Deprec. Fund 6,832.60 33,822.67 609.12 21,385.77 361166.56 12,541.99 21.77 _1.25 50,221-04 12,000.00 447.12 47.12— 19� 76 .19_ 1,151.11 Cost of bonds 16,000.00 Cert's of deposit 25,000.00 50,000.00 24,000.00 Revenue for December: Water 2,266.10 Trash 528.50 Taxes 3,8$2.67 Fines 90.00 Licenses 330.00 Sewer charges 1 year - Bath & Tennis Club 105.00 Lot cleaning 20.00 Other 14.08 Interest - Water Fund bonds 198.90 Redeem Water Fund Cert's of deposit 15,000.00 Interest - Water Fund Cert's of deposit 562.50 Redeem - General Fund Cert's of deposit 30,000.00 Interest - General Fund Cert's of deposit 1,125.00 Transfer - Water Fund to General Fund 3,429.58 Redeem - Deprec. Fund Cert's of deposit 9,000.00 Interest - Deprec. Fund Cert's of deposit 337,50 Transfer - General Fund to Deprec. Fund 3 204-49 Total 7Z—,094-32 Checks drawn on Water Fund: #599 Harold Corbett Meter reading 16.40 600 Boynton Bch Ft. Nat'l Cert. of deposit 15,000.00 601 Town of Gulf Stream Transfer to Gen'l Fund 3,429.58 602 Fla. Power & Light Electric for clorinator 32.01 603 Picard Chemical Co. Clorine 38.00 604 Brockway, Owen & Anderson - Engineering :rater Extension 244.46 605 Gulf Stream Golf Club Water for November 13438.40 606 Harvel & DeLand Final on water extension Total $2i!;7721:2'25 2 Checks drawn on Depreciation Fund: #12 Boynton Beach First National Cert. of deposit 9,000.00 13 Boynton Beach First National Cert. of deposit 3 000.00 12— 0000 Financial and Water report for December 1966 cont. Salary IT 11 n tt it it IT Cut grass Christmas bonus fl Checks drawn on General Fund: �1 #3789 Roy Cowart 90 Melton Partin It 91 James Brown It 92 Harold Corbett 93 Robert Mumma 94 Stafford Rafuse 95 Paul Bradwell 96 William Gwynn 97 Barbara Gwynn 98 Burt Rafuse 99 Roy Cowart 3800 Melton Partin 01 James Brown = 02 Harold Corbett 03 Robert Mumma 04 William Gwynn ' 05 Stafford Rafuse 06 Paul Bradwell 07 Boynton Bch First Nat'l 08 Boynton Beach Ft. Nat'l 09 Town of Gulf Stream 10 Walter Hatcher 11 Fla. Power & Light 12 City of Delray Beach 13 So. Bell Telephone 14 Delray Drugs Inc. 15 New Colony Cleaners 16 Security Detective Agercy 17 Bo Del Printing 1$ Klearwater Ltd 19 County Sanitation Co. 20 Ocean Ridge Gulf Ser. 21 Delray Signs 22 Whitt MacDowell 23 Delray Ignition 24 Mobile Communications 25 Weir Auto Electric 26 Pierce Tire Co. 27 Adams Chevrolet 28 Ocean City Lumber 29 P.B. Co. Mgrs.Assoc. 30 Himes & Himes 31 Town of Palm Beach 32 Fla. League of Municipalities 33 City of Delray Beach 34 Federal Sign & Signals 35 Donald S. Lavigne Inc. 36 Amy M. Cousins Total Salary IT 11 n tt it it IT Cut grass Christmas bonus fl tl it It n 11 „ IT It IT I? It „ Cert's of deposit Cert's of deposit Transf. to Deprec. Fund Dump lease Street lights & office Sewer for Bath & Tennis Club Office phone 3 first aid kits Police uniforms Police service Stamped envelopes Office Colbction - Dec. Gas, oil etc. Streets & Waterway signs Transfer radios Transfer Aolice sirens Answer phone Check speedometers Fix truck tire Police car repair Sanit. dept. supplies Dues Audit fee Copy of ordinance Dues Radio Service 2 Police lights Police uniforms Refund on taxes Page 2. 473.$0 403.43 393.20 347.29 293.58 313.50 239.26 413.79 42.90 15.00 95.$0 95.80 95.$0 95.$0 95.80 95.80 71.$5 47.90 30,000.00 10,000.00 3,204.49 350.00 141.61 8.75 19.18 45.00 38.60 200.00 13$.40 2.00 550.00 272.64 117.25 56.30 65.41 20.00 2.00 6.00 3.70 6.03 5.00 925.00 1.10 40.00 25.00 20.18 277.10 50.00 $50,221.04