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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 E pYiRCi Poop -sto YA<u, 10 RI — ' 80 DlcKews °. 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