HomeMy Public PortalAbout02/10/1967CCMMISSION MEETING HELD FEBRUARY 10, 1967 AT THE
GULF STREAM SCHOOL AT 9:00 A.M.
Present: Mayor William F. Koch, Jr.
Vice Mayor Stewart B. Iglehart
Commissioner John G. Hart
Commissioner William S. LaPorte
Also attending: Kathleen Kirton, William Gwynn, Roy Cowart, Melton
Partin, Harry Johnston Jr. Henry Pope, Ernestine Pope, Frederick
Hollingsworth. Approximately forty spectators also attended the meeting.
Xmyor Koch called the meeting to order.
Mr. Hart moved that the minutes of the meeting held January 13,
1967 be approved as written and that the reading of these minutes
be waived. Mr. LaPorte seconded the motion. Motion passed unanimously.
Mr. LaPorte moved that the financial and water report for January,
1967 be approved as written and that all expenditures included in this
report be approved. Mr. Hart seconded the motion. Motion passed
unanimously.
Mayor Koch recommended that the Commissioners write our State Legislative
delegation from P.B. County and oppose the act submitted by the Co. School
Board which would raise the millage above 10 mills without coming back to
the voters for approval. Mayor Koch said he personally opposed this
because the school spends 10 j of the 16 mills now and he felt the
voters should know hoar the money is being spent. After discussion,
Mr. Hart moved that the Commission oppose this request of the School
Board and that the Attorney for the Town prepare the resolution.
Motion seconded by Mr. Iglehart and unanimously carried.
A letter from the Animal Rescue League was read announcing the
appointment of Mason LeBlanc as Agent with power to arrest without
warrant any person found not properly protecting animals. A motion By Mr.
LaPorte, seconded by Mr. Hart moved that the Town cooperate with the Animal
Rescue League in making this appointment. Motion carried.
Mr. Hart moved that Mr. Lilienthal be authorized to go before the County
Legislative Delegation and present a request for change in the Town Charter
to permit town police officiers to pursue and make arrests outside the Town
Limits. Mr. Iglehart seconded the motion. Motion passed unanimously.
The Police reports for January, 1967 were read.
It was reported that the water samples for January 1967 were found
satisfactory.
Two requests from Henry Pope were read in full to the Commission. A copy of each
request is included as part of these minutes. Request #1 asked for permissive use
of the polo fields for a par 3 private golf course. Xr. Pope also submitted a petition
signed by 26 persons asking that this permission be granted. This petition is included
as a part of these minutes. Request #2 asked that a tract of land 1300' along the
intra — coastal waterway be rezoned for apartments in exchange for rezoning part
of the business district, to residential and part to apartments
Commission meeting held February 10, 1967 cont. Page 2.
Mr. Hart asked if the two requests of Mr. Pope are separate proposals
and he was advised by Mr. Popets attorney that they are separate
proposals, but they are interrelated. He stated if Mr. Pope did
not get the conditional use request for the ggolf course approved
it would make a difference whether he roceeds with the other. However)
he reiterated they are two separate petitions. He advised that they
are interchangeable in the way the code is written in Gulf Stream.
When asked the definition of a private golf course, Mr. Pope stated
it was his intention to build it of the calibre of Gulf Stream Golf
Club or the Bath and Tennis Club. After discussion from Mr. LaPorte
that it takes a lot of effort to get a Club to functioning properly
and many thins could have bearing on it, Mr. Hollingsworth stated
that the commission is a legislative body with rather broad powers
to control the zoning. Mr. Pope asked that this request be given the
same privilege as the Gulf Stream Golf Club. He stated he was asking
for nothing that would be any more objectionable than conditions at
Gulf Stream Golf Club and he felt it would be discriminating to say
the same thing can not be done by him on a smaller scale. Particularly
in view of the fact that about 30 people feelthis would be a most
favorable land use.
Mr. Koch asked about plans for water supply and Mr. Pope advised
that he would use wells the same as the gol� club now uses.
Mr. LaPorte stated that he and Henry Pope have tangled from time
to time on the use of the word discrimination. He stated that
often times a difference of opinion is very good and healthy. He
stated he had considerable experience in handling club affairs and
he is firmly convinced that a private club has to be in strong hands.
He stated that he felt the two existing clubs are now in strong
hands and he would have to be certain the one requested by Mr. Pope
would be in strong hands before he would ever consider an additional
private club. Mr. Pope asked if he needed any financial statement
and Mr. LaPorte replied, "Possibly ".
Mr. Popete attorney stated that Mr. Pope is a resident and primary
developer and he wants to develop his land and there is no reason to
think he would want to downgrade the town because he would lose more
than anyone else if he did. He is going to maintain high standards
and selection of members. He stated he felt the Commissioners are
unduly concerned but if it is a real source of concern he felt
assurance can be given to work this out on a voluntary basis and on
the merits of the request from polo to golf, he felt it is self
evident that golf is more desirable than polo. He stated he would
rather be next to a golf cart than a horse and Mr. Iglehart replied
that this was a matter of personal opinion.
Mr. Hollingsworth stated that Mr. Pope's request is not an unreasonable
one and that he is trying to upgrade. He stated in the code that the
two things -- golf and polo -- are grouped together. They are treaded
on the same leval of operation. He stated that he and the Attorney
for the Town of Gulf Stream, Mr. Johnston have been trying to decide
if this is a non - conforming use or not. 'his is an obligation you
have. As far as the courts considering these things, you do have
some standards on what is granted and you would need to show that
there is some valid legally recognizable distinction -- but I feel
in reading your provision, the Town contemplates that golf courses
and polo fields stood on the same footing and that they should be
treated on similar basis for zoning. Mr. Pope's request is not
unreasonable and what he proposes to do will create an upgrading.
Commission Meeting Held February 10, 1967 cont. Page 3.
Mr. Koch - I am sure polo could not go back in this area today.
( Mr. Hollingsworth - What interests me is that you felt that these uses
stood together. All we are asking for this morning is the opportunity
to make use of this parcel of land on the same level with the use
that it can presently be devoted to. If it is developed single
family residential, it would not be as desirable.
Mr. Trix - What assurance is there that it will always be used
for a golf course? When a camel gets his nose under the tent,
pretty soon the camel is all under the tent. If a contract would
be made with you I think the people would feel a lot different.
Pope - It will always be zoned for residential use and this is just
a permissive use. People have objected to horses and stables. You
know that.
Mr. Jack Whittemore - My main concern for this
to use for the golf course is that it is not a
method into which the property is operating is
question and unless things can be tied down so
to the surrounding neighborhood and I think it
I dontt see that we should take the action
property to be put
zoning change so the
an all important
it is satisfactory
could be tied down,
Mr. Dawson - Every time Henry asks for something he always brings
up this threat of the part zoned business.
Pope - We have a petition of more than 25 people before us, In
the next petition I am asking to.
Mr. LaPorte - I think I am a little mixed up. You say that
changing the requirements or the useage but then you say from polo
to "private" golf course.
Mr. Pope - It is a little more restricted. It is going to be like
the t-,:o Clubs we already have in Gulf Stream. The Gulf Stream
Golf Club and the Gulf Stream Bath and Tennis Club. It will be
run by a Board of Governors. I will own the land and it will be
leased and I have nothing to do with the operation of the running.
It will have a membership of Gulf Stream people.
Virginia Darling - It seems terribly important to know who the
Board of Governors are going to be.
Mr. LaPorte - There is the possibility that a lot of people might
want to play golf at night and then lights would have to be put in.
Mr. Pope - No, no. No lights.
Mr. Hollingsworth, attorney for Mr. Pope - You have police powers
and you don't have to go into zoning it to control it. That is
under your control.
(The first petition was held in abeyance for the vote pending
discussion on the second request.)
Commission meeting held February 10, 1967 cent. Page 4,
Mr. Iglehart - Cur primary duty here is to vote for the best interest of the
Town and I am against having the business section there but if we could con-
( ceivably have 300 apartments I think it would be worse for the Town.
LaPorte - Ch the east side of Gulf Stream there are apartments and presumably
there may be more. There may come a time when we have apartments on the north
side of Town and now we are asked to have them on the west side. I do not like
the idea of the to:n having apartments on three sides.
Mr. Pope - The north limits are in the county and they are going into the City
Of Boynton. I am trying to put up buffers on the north or west because last
Monday the Boynton council rezoned some of this commercial.
M
Mrs. Oliver - why couldn't this be restricted to the type of Mews or ifaisonnettes.
'Thy do you only think of high rise' (Mr. Koch replied that he had written a
letter to Mr. Pope asking KW him to spell out what he wanted and he didn't
answer it.)
Mr. Pope - This is an offer not a request so my square feet of zoning which I
want to get rid of it because I own the land and I already have three houses right
around that business area I can't sell. Mr. Koch stated he could ask to have it
rezoned and the commission will rezone it.
Mr. James Wallace - The remark ha been made that there will be 300 apartments
and there is going to be a golf course. I think the Town should make a survey to
see if we could supply all these things with water because the Gulf Stream Golf
Club takes an awful lot of water to keep the grass green and I don't know if we
have the water supply to do all this.
Mr. Dickenson - If you come out here at night you can look at open areas and in the
distance you can see Sterling Village and I don't want that a part of Gulf Stream.
I am utterly opposed to any apartments on the Inland 'Waterway that would kill this
whole area. Pope doesn't give up anything , he wants to swap it for something
just as good or better.
Mrs. Bleecker - Couldn't we have the golf course without the apartments'
Mr. Hollingsworth - Mr. Pope's plans are for two story apartments. He is willing
to enter into a restrictive contract with the Town. Zoning can be changed and you
can't tie it up forever but if he gives you a covenant, neither I nor Mr. Pope or
any of his successors can break it so you could end up with something stronger.
You are better off for apartments where he proposes to locate them than for him to
locate them in the business area.
Mr. Pope - I have more interest in the orderly development of Gulf Stream than
most people here. I have lived here 30 years. There are about 120 homes that
were built or. developments I have already done. I don't think people would have
built in my subdivisions if they didn't thinkthey were the best around. If I
had a private golf course and club it would help the development of Cuff Stream
much more so than the continued use. The apartments would be connected just
as the Everglades Club has apartments or the Biltmore in North Carolina has apart-
ments for their guests. This would be restricted to two stories and some of
us have two story houses. They would not be like Sterling Village. I am asking
for permissive use and will then erect a Club House with connecting apartments like
the Everglades Club where there are residences connected.
This concluded the discussion
Commission meeting held February 10, 1967 Cont. Page 5.
Mayor Koch asked for a motion to have let reading of the ordinance to adopt Request
A. There was no reply then Mr. Koch asked for a motion that request #1 not be
placed on first reading. tor. Hart so moved, Mr. IaPorte seconded the motion.
Motion passed.
Mayor Koch asked for a motion placed on 1st reading the ordinance to adopt request
2. There was no reply. Mayor Koch then asked for a motion that request #2 not
be placed on let reading. Mr. IaPorte so moved, Mr. Hart seconded the motion.
Motion passed.
There was a general discussion of plans to build a new Town Hall. Mayor Koch
said he would like to have a committee of Messrs Iglehart, Walker and 'Abittemore
to work on plans for a new town hall, Mr. LaPorte moved that these three men
be appointed to a Town Hall Building Committee. Mr. Hart seconded the motion.
Motion passed.
Mayor Koch discussed the need for locating a dump for the Town. He presented
maps showing several possible locations. After a general discussion, it was agreed
that the Town advertise in a local newspaper to try and locate a desirable dump
site for the Town.
The Commission authorized Mr. Gwynn to reinvest $22,000.00 in certificates of
deposit with the First Bank of Boynton Beach for one year at 5cZ interest. These
certificates are now with the First National Bank of Delray reach earning 40
interest.
Building permits were authorized to be issued to Murphy Construction Co. for work
already done on groins in the Town.
Mr. Harry Johnston stated that ordinance 123 as adopted in 1960 was done properly
and was legal.
There being no further business to come before the Commission the meeting was
adjourned.
ATTEST ':� �—�j --
FINANCIAL AND WATER REPORT
January, 1967
Water used: Master meter
7,170,700 gals
5,790,000 gals
Individual meters
Water Fund General Fund
Deprec. Fund
Balances 12/31/66 69447.12 19,768•19
$ 1,151.11
Deposits 4,380.15
Withdrawals 1.660.23 7. 2
Balances 1/31/67 11.943.1
.151-11
Cost of bonds $16,000.00
Cert's of deposit 25,000.00 50,000.00
24,000.00
Revenue for January:
Water $21286.70 Permits
64.00
Trash
458.00 Lot cleaning
55.00
Taxes
1077.45 Other
6.00
Fines
Licenses
73.00
60.00 Total
4.3$0.15
Checks
drawn on Water Fund:
#607
Otto Schmeisser - Service clorinator- 3
mos. $ 90.00
16.40
608
609
Melton Partin - Meter reading
Fla. Power & Light Co. - Electric for clorinator
32.46
610
Gulf Stream Golf Club - Water - December
1 21.
Total
'
Checks drawn on General Fund:
#3837
Roy Cowart - Salary
"
$ 472.70
402.49
38
Melton Partin -
"
392.30
39
James Brown -
"
346.48
40
Harold Corbett -
"
292.86
41
Robert Mumma -
"
312.79
42
Stafford Rafuse -
"
23$.72
43
Paul Bradwell -
"
416.90
44
William Gwynn -
"
42.80
45
46
Barbara Gwynn -
Internal Revenue Service - Income tax withheld 11035.40
47
O.A.S.I. Contribution Fund - Social Security Taxes 919.89
48
Burt Rafuse - Cut Grass
15.00
10.00
49
C. W. Ramsey - Lot Cleaned
58.75
50
Henry Pope - Lots cleaned
51
52
City of Delray Beach - Sewer charge
Fla. Power and Light Co. - Street lights & office 136.54
53
So. Bell Telephone Co. - Office telephone 15.73
200.00
54
Security Detective Agency - Patrol subdivision
Checks drawn on General Fund cont.
#3855
58
59
60
61
62
63
64
65
66
67
68
69
Klearwater Ltd. - Office
Colony Cleaners - Police Uniforms
Hands, Inc. - Office supplies
Cadillac Overall Supply - Sanit. dept. uniforms
Secretarial Services Unitd. - Stencials
Mobile Communications Co. - Answer phone
County Sanitation Co. - Collection - Jan.
Ocean Ridge Gulf Service - Gas, oil etc.
Pierce Tire Co. - Police car tires
Gold Coast Office Products - Office supplies
Adams Chevrolet Co. - Police car repair
Ocean City Lumber Co. - Sanit. dept. supplies
City of Delray Beach - Radio service
Hardrives Inc. - Bulldoze dump
Johnston, Lilienthal, Johnston - legal services
340.28
ordinance 1.000.00
Page 2.
3.00
39.85
1.35
23.02
1.67
20.00
650.00
296.58
58.96
9.45
3.82
1.68
25.00
36.00
70 Brockway, Owen & Anderson -
6 mos.
subdivision
Total 7,825.01
HENRY P. POPE, A. I. A.
CONSULTING ARCHITECT
1210 NORTHEAST EIGHTH STREET
DELRAY REACH, rLORIDA
TCI.LI`110YC CR S.2603
18 January 1967
To: The Town Commissioners of Gulf Strom
Subject: Request for permissive use for Golf on Polo Fieldse
Reference: Zoning Ordinance
Sec. 3-1-41# Golf Courses and Polo Fields.
Sec. 9- Special Exceptions.
As required by paragaaph C of Sec. 9, application
is hereby made for an amendment to Sec. 3-I -4 to allow
permissive use of the Polo Fields as a Private Golf Clubo
Reference is made to Paragraphs A and B of Sec. 9.
Applicant asserts that the granting of this special
exception, quote,
1. Will not be contrary to the puble interest.
2. Will not impair an adequate supply of light and air
to adjacent property, or materially increase the
congestion in public streets, or increase the public
danger of fire and safety, or materially diminish or
impair established values within the surrounding
area, or in any other respect impair the public
health, safety, morals and general welfare of the
Town of Gulf Stream000cunquotee
Applicant further asserts that the opposite will result:
This permissive use is to the public interest, will
assure light and air to adjacent property, will materially
increase property values, and in no instance impair the
public health, safety, morals d general wee of the
Town of Gulf Stream,* 6 yv - xl/
.
4
joins bylilis wife
Ernestine N. Pope. J.`,
February 1967
PETITION
To: Town Commission, Gulf Stream.
Gentlemen:
ws, the undersigned, as the property- owners who will
be most directly affected by the proposed changes in the zoning
Of the Polo Fields and their permissive use for a private Golf
Club, feel that they are in ours and the Town's ,best interests;
and respectfully request that they be implemented at the meeting
to be held on 10 February.
Lizp 15£7'4 A' R.; ovR. 1,
Q-
HENRY V. POPE, A. I. A.
CONSULTING ARCHITECT
1210 NORTHEAST EIGHTH STREET
DELRAY BEACH. FLORIDA
Taiarno" OR 8.2808
18 January 1967
To: The Town Commission, Gulf Stream,
Subject: Offer for Reaming of the entire Business Zone amen&.
for Rezoning of approximately an equal area to
Apartment Zone,
Reference: Zoning Ordinance, Sec. 122 Changes and Amendments♦
The undersigned hereby make the following offer and
request, to be done simultaneously&
1. That the Business Zone West of Gulf Stream Road be
upgraded to Residence A.
2. That the Business Zone East of Gulf Stream Road be
upgraded to Apartment Zone C. with permissive use for
School and Town use.
3. That the strip at the North end of the Town, approximately
18001 long along the Waterway, by 1701 deep, from the
North side of the Ayres property running North to the
North Town limita, be Rem nod to Apartment C.
The metes and bounds description is as follows:
"The tract of land in Sec. 34, Township 45 S., Range 43 E.,
and in Sec. 3, Township 46 S., Range 43 E., Palm Beach County,
Florida, more particularly descibed as follows:
Beginning at the intersection of the North line of Lot 17,
BENSON BROS S /D, according to the plat thereof recorded in
Plat Book 5, Pg. 27, Public Records of Palm Beach County,
with the Easterly R/W line of the Intracoastal Waterway,
according to the plat of said R/W recorded in Plat Book 179
Page 13 -B, Public Records of Palm Beach County; thence South-
erly, along said Easterly R/W line, a distance of 1357.29 feet,
more or less, to a point in the S. line of said Sec. 34; thence
continue Southerly, along said Easterly R/W line in said Sec.3,
as shown on Plat of said R/W recorded in Plat Book 17, Page
14 -A, a distance of W,02 feet, more orvless, to the N.W.
corner of the tract conveyed by Henry V. Pope to Frederic M.
Ayres by deed dated May 1964, and recorded in Deed Book
Page , Public Records of Palm Beach County; thence Easterly
along the N. line of said tract a distance of 170 feet to the
N.S. corner of said tract; then Northerly along a line parallel
to and 170 feet Easterly of the said Easterly R/W line of take
Intracoastal Waterway to a point where it intersects the S»
line of said Sec. 349 thence continue Northerly along a line
1701 Easterly of the Easterly R/W line of the Intracoastal
Waterway to a point where it intersects the North line of said
Lot 17, Benson Bros. S /D; thence Westerly a di)pkance of 1701
to the point of beginning.
u . �by .-
Henry V. Pope, jo d by his wife,
Ernestine N. Pope
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