HomeMy Public PortalAbout12/11/1970COMMISSION MEETING
Dec. 11, 1970
Present: WILLIAM F. KOCH, JR. Mayor
JOHN G. HART Vice -Mayor
J. PHIL HOYLE Commissioner
WM. S. LaPORTE Commissioner
GEORGE G. WALKER Commissioner
Also attending: R. D. Worthing, Att'y. Henry F. Lilienthal
and Kathleen Kirton.
1. Mayor Koch called the Meeting to order.
2. Mr. LaPorte moved that the Minutes of the Commission's Meeting
held on December 11th be approved. Motion was seconded by Mr.
Walker and unanimously carried.
3. The Financial Report, for the month of November, was unanimous-
ly approved on motion of Mr. Hart, duly seconded by Mr. LaPorte.
4. The following
Police Reports
Summary,
for the
month of November,
was read and
accepted by the
Commission:.
COWART
BROWN
CORBETT
MCQUADE
MUMMA
Mileage
984
1628
1727
1978
1843
Days
15
22
22
23
21
Hours
120
176
176
184
168
Calls Answered 8
6
8
14
8
5. PETITIONS & COMMUNICATIONS:
(a) The following communication from the Chief of Police was
read:
"This is a request for your authorization to provide
for the appointment of a Sergeant within the Police De-
partment.
Such an appointment is deemed to be in the best int-
erest of the Department as well as the welfare of the
Town of Gulf Stream.
It is suggested that, subject to your approval of
this request, an examination for such an appointment be
held and limited to the present officers within the De-
partment."
Respectfully,
/S/ ROY L. COWART
Chief of Police
2 -
On motion of Mr. walker, seconded by Mr. LaPorte, the Commission
was unanimous in approving the recommendation of Chief Cowart and
directed an examination be held, limited to being participated in by
the local Police Officers, and for the purpose of making possible an
appointment of a Department Sergeant.
(b) The Commission received a "Petition" from the Gulf Stream School
Board requesting Permissive Use of a T- shaped parcel of land ex-
tending northerly from the present School Building. The Permis-
sive Use request is to enable the School to obtain sufficient
ground, comprising approximately 1'h acres for the purpose of:
le To provide for egress and ingress, as well as Parking Fa-
cilities, to the School grounds, over a strip of land 50
feet in width extending from Gulf Stream Road easterly to
AlA; and
2. The balance of the 1h acres being a tract extending north-
erly from the strip of land outlined in (1.) above for a
distance of approximately 308.2 ft., 155 ft in width, and
bounded on the north by the South line of BERMUDA HEIGHTS
Subdivision. This portion is intended to be developed and
used as a "School Playground Area ".
Legal description of this property, being rather lengthly,
is attached to the official copy of these 'Minutes'.
The Commission was advised that the owners of abutting
properties had been notified of the "Permissive Use" request,
as well as a copy of said "Notice" having been posted on the
Town Hall Bulletin Board in accordance with Ordinance require-
ments. The parties involved, whose properties might be affect-
ed, being - Mrs. Barbara B. Christian
Mr. George W. Hamilton
Mr. Henry V. Pope
Gulf Stream School Foundation
the Foundation being represented by Mr. J. William Tiernan.
There being no objections offered, the Commission, on mo-
tion of Mr. LaPorte and duly seconded by Mr. Hart, unanimously
approved granting the request for "Permissive Use" of the land
described hereinabove, and for the purpose set forth herein.
(c) An inquiry from Mr. Stewart B. Iglehart requesting certain
information and data concerning present septic tank installa-
tions in the Town, and possible pollution of the Soil, Plater,
and /or Air resulting therefrom.
On motion of Mr. Walker, seconded by Mr. Hart, the Commis-
sion unanimously directed that this inquiry, as well as all in-
quiries regarding the possible Sewer Program under consideration
by the Commission, be referred to the Consulting Engineers for
review and report thereon to be submitted direct to the Commis-
sion.
3
6 . A p r o p o s e d R e s o l u t i o n f r o m R i v i e r a B e a c h C o u n c i l , p r o t e s t i n g
t h e c o n s t r u c t i o n o f a S t a t e P r i s o n n o w u n d e r c o n s i d e r a t i o n
f o r l o c a t i o n w i t h i n P a l m B e a c h C o u n t y , w a s t a b l e d f o r s t u d y .
7 . C o n c e r n i n g M r . R . M . G a n g e r ' s r e q u e s t t h a t t h e T o w n o f G u l f
S t r e a m a t t e m p t t o o b t a i n a " B l a n k e t P e r m i t " f o r c o n s t r u c t i o n
o f r u b b l e r e v e t m e n t s t o p r o t e c t e x i s t i n g p r o p e r t y s e a w a l l s ,
i t w a s r e v e a l e d t h a t l a w s d o n o t p r o v i d e f o r t h e U . S . A r m y
C o r p s o f E n g i n e e r s , n o r t h e S t a t e ' s D e p a r t m e n t o f N a t u r a l
R e s o u r c e s , t o g r a n t s u c h a p e r m i t . C o p i e s o f c o m m u n i c a t i o n s
f r o m t h e a b o v e G o v e r n m e n t a l A g e n c i e s , a s w e l l a s C h a p t e r 7 0 -
2 3 1 - L a w s o f F l o r i d a , h a v e b e e n f o r w a r d e d t o M r . G a n g e r .
8 . O n m o t i o n o f M r . W a l k e r a n d s e c o n d e d b y M r . H a r t , t h e C o m m i s -
s i o n a p p r o v e d e n t e r i n g i n t o a N E W " A g r e e m e n t " a n d a n " A m e n d -
m e n t t h e r e t o w i t h t h e T o w n o f O c e a n R i d g e , a s p r e p a r e d b y
t h a t T o w n ' s l e g a l c o u n s e l , f o r f u r n i s h i n g F i r e P r o t e c t i o n t o
t h e T o w n o f G u l f S t r e a m f o r a 5 - y e a r p e r i o d c o m m e n c i n g N o v e m -
b e r 1 , 1 9 7 0 , a n d a u t h o r i z e d i t s e x e c u t i o n b y p r o p e r o f f i c i a l s
S Y B J E C T t o a p p r o v a l o f t h e ' D o c u m e n t s ' b y A t t o r n e y H e n r y F .
L i l i e n t h a l , l e g a l a d v i s o r t o t h e T o w n o f G u l f S t r e a m .
9 . T h e M a y o r r e q u e s t e d M r . L a P o r t e a n d M r . W a l k e r t o a c t a s a
C o m m i t t e e f o r t h e p u r p o s e o f p r o v i d i n g a r e c o m m e n d e d r e v i s e d
S a l a r y a n d W a g e S c h e d u l e f o r t h e T o w n ' s e m p l o y e e s , t o b e e f -
f e c t i v e J a n u a r y 1 , 1 9 7 1 , f o r C o m m i s s i o n c o n s i d e r a t i o n a t i t s
n e x t m e e t i n g .
1 0 . C o n c e r n i n g t h e d r a i n a g e p r o b l e m a t P o l o D r i v e a n d S c h o o l R d . ,
M r . E a r l H a r v e l , o f H a r v e l & D e l a n d , d i s c u s s e d t h i s c o n d i t i o n ,
a n d i t w a s a g r e e d t h a t i t w o u l d n o t b e e c o n o m i c a l l y f e a s i b l e
t o p u t i n p u m p s , n o r r a i s e t h e r o a d l e v e l s . M r . H a r v e l f e l t
t h a t a h a n d o p e r a t e d c a t c h b a s i n c o u l d b e i n s t a l l e d f o r a p -
p r o x i m a t e l y $ 2 5 0 . 0 0 w h i c h w o u l d b e b e t t e r f r o m a n e c o n o m i c
s t a n d p o i n t a n d t h a t i t s h o u l d w o r k a n d p r o v i d e r e l i e f . O n
m o t i o n o f M r . H a r t , s e c o n d e d b y M r . W a l k e r , t h e C o m m i s s i o n
u n a n i m o u s l y a g r e e d t h a t M r . H a r v e l b e d i r e c t e d t o u n d e r t a k e
t h i s p r o j e c t a t t h e e a r l i e s t p o s s i b l e d a t e .
M e e t i n g a d j o u r n e d a t 1 0 : 1 5 A
W M . F . K O C H , J R . M A Y O R
WATER
BALANCES
Deposits
Withdrawals
BALANCES
FINANCIAL and WATER REPORT
N 0 V E M B E R 1970
(For OCTOBER & NOVEMBER MASTER METER
Individual Meters
MASTER METER - At Factory - Being Repaired.
WATER FUND
10/31/70 $ 10,971.61
1,493.38
11/30/70 S 9,478.3
TREASURY BILLS - - - - S 49,334.22
REVENUE for NOVEMBER:
GENERAL FUND
$ 7,410.01
4,340.65
5,596.70
$ 6,153.96
S 199342.40
0 U T
27p541,000 Ga
ASSET REPLACE.FUND
S 4,694.33
$ 4,694.33
$ 189385.88
Water
$ 393.80
Permits
$ 205.00
Trash
210.00
Cig. Tax
11.39
Fines
33.00
Refund- Insur.
54.00
Licenses
11026.79
Taxes 1970
21406.67
CHECKS DRAWN ON WATER FUND:
#860 Harvel & Deland
CHECKS DRAWN ON GENERAL FUND:
#590
1st Nat'l. Bank of Delray
591
Frank Ivory
592
Lenzy Pate
593
Frank Ivory
594
Lenzy Pate
595
County Sanitation
596
Gulf oil Corp.,
597
New Colony Cleaners
598
Executive Secretariat
599
Ocean Ridge Gulf Service
600
Void
601
Nat'l Sprinkler Wells
602
Southern Bell Telephone
603
Standard Oil Co.
604
Frank Ivory
605
Lenzy Pate
606
Frank Ivory
607
Lenzy Pate
608
Roy Cowart
609
James Brown
610
Harold Corbett
TOTAL REVENUE $ 41340.65
Meter Repairs & Maint. $ 11493.38
October Withholding
Wkly. Salary 1st
do
do 2nd
do
Garbage Collection
Gasoline
Police Uniforms
Copying
Trash Truck & Police
Sprinkler System
Phone Service
Emergency Rep. Police
Wkly. Salary 3rd
do
do 4th
do
Salary
E
407.00
83.28
79.09
83.28
79.09
750.00
237.60
32.90
7.75
33.65
444.00
25.60
6.25
83.28
79.09
83.28
79.09
566.44
488.41
447.26
- 2 -
cont.
CHECKS DRAWN ON GENERAL FUND:
#611 William McQuade Salary
612 Robert Mumma
613 R. D. Worthing
614 William Gwynn Bookkeeping Service
BANK CHARGE for IMPRINTING CHECK BOOKS
T O T A L GEN'L.
$ 472.46
447.26
522.40
50.00
8.24
$ 59596.70
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. KOCH, JR., MAYOR
JOHN G. HART, VICE -MAYOR
J. PHIL HOYLE
WILLIAM S. LAPORTE
GEORGE W. WALKER
HON. MAYGR KOCH and
TOWN COMMISSIONLRS.
Gentlemen:
December 7, 1970.
MAIL AGDREEi
POST OFFICE BOX 255
DELRAY BEACH, FLORIDA
33444
TEL.: DELRAY BEACH
275 -5116
TOWN MANAGER
R. D. WORTHING
This is a request for your authorization to
provide for the appointment of a Sergeant within the
Town Police Department.
Such an appointment is deemed to be in the
best interest of the Department as well as the welfare
of the Town of Gulf Stream.
It is suggested that, subject to your appro-
val of this request, an examination for such an appoint-
ment be held and limited to the present officers within
the Department.
Respectfully yours,
TOWN OF GULF STREAM
POLICE DEPARTMENT
By,ile " �°� 'eC
RC:mc hCie' of Police
1 December 1970-
PETITION FOR A SPECIAL-EXCEPT
TO THE ZONING ORDINANCE OF GULF STREAM, as per SECTION IX.
1. The undersigned Petitioners are (a) the present Owner
(b) the prospective Purchaser and
abutting property -owner
(c) the Owners of property immediately
adjacent to, and across the street
from the tract of land, approximately 1.5 acres, in the former Polo
Fiild Stable area, abutting the Gulf Stream School to the North, as
mapped and legally described on the attached drawing prepared by
O'Brien, Suiter and O'Brien, licensed Surveyors,
2. PERMISSIVE USE is requested for this tract, in order to provide for
much- needed fff- street Parking and Playground Area for the School.
Approval will remove the existing very dangerous traffic condition
on Gulf Stream Road, and the need for the children to gait cross the
Road.
3. No change in the existing Zoning classification is required or
requested.
Henry V. Pots' , Owner of he tract
and property immediately adjacent
thereto.
Q• �!� acs.,- �� /.�.it�,6�.irz -'
fol, Gulf Stream School Found tion,
prospective Purchaser and Owner of
property immediately adjacent thereto.
MzsVirgil C. Christian, Owner of the
adjacent property at 3810 Bermuda Lane.
George W. Hamilton, Owner of the
property across the street at
330 Old School Road.
DESCRIPTION
A parcel of land in Section 39 Township 46 South, Range 43 East, Town
of Gulfstream, Palm Beach County, Florida, being more particul1kril.-
described as follows:
Begin at the Southwest corner of
in Plat Book 23 on page 200, Pala
Easterly, along the South boundar
130.00 feet to a point; thence Sc
ceeding course, a distance of 30E
an angle with the preceeding tour
North to East, a distance of 149.
in the Westerly right of way-linE
A —I —A) as presently laid out and
said right of way line, a distant
north line of that certain parcel
315, Public.Records of Palm Beach
along said North line a distance
the Plat of Bermuda Heights recorded
Beach County Public Records; thence
y line of said Plat, a distance of
utherly, at right angles to the pre —
.17 feet; thence Easterly, making
se of 890 39' 30 ", measured from
40 feet, more or less, to a point
of Ocean Boulevard (Fla. State Rodd
in use; thence Southerly, along
e of 50.54 feet to a point in the
described in Deed Book 891 on page
County, Florida; thence Westerly
Df 415.11 feet, more or .less, to
a point in the Easterly right of way line of Gulfstream Road as pre-
sently laid out and in use; thence Northerly, along said right of way
line, a distance of 50.07 feet to a point in a line 50 feet North of
and parallel to the said North line of that certain parcel described
in Deed Book 891 on page 3159 aforementioned,l-hence Easterly along
said line a distance of 120.30 feet, more or less, to a point in a
line 155.01 feet, West of and parallel to the first herein described
Southerly course, thence Northerly, along said parallel line, a dis-
tance of 308.24 feet to a point in the Westerly extension of the
aforesaid South line Of the Plat of Bermuda Heightsi thence Easterly,
along said line, a distance of 25.01 feet to the point of beginning
of the parcel herein described.
CONTAINING 1.58 acres, more or less
A% MAP Q 1VJO OES=Vz% 'TIO" OF A F'ARC6L 1!J
SEGTIOU 3,T0t414SHIP44, SOUTH, RAw"m 43 EAST
TOW1.1 OG Gj0. P VT r _M~ FL.OMIT7/a ,
PIZt:P.'iReD Fotz. HENRY POPE
DA_T F_ : T7E C. I? la'7 0 SGALa : 1'L G0' Revised 4 Dec. Iq 70
DELRAY BEACH
O'BRIEN, SUITER & O'BRIEN, INC.
ENGINEERS - LAND SURVEYORS
FLORIDA
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RUSSELL & AXON
Consulting Engineers, Incorporated
POST OFFICE BOX 1837
DELRAY BEACH, FLORIDA 33444
305/278 -2615
December 15, 1970
Honorable Mayor and Town Commission
Town of Gulf Stream
P.O. Box 255
Delray Beach, Florida 33444
Attention: Mr. R. D. Worthing, Town Manager
Gentlemen:
In response to your letter of December 11th we submit the following comments
pertaining to the November 28th letter from Mr. Stewart B. Iglehart, containing
various questions regarding the forthcoming engineering report on the sewage
system proposal for the Town of Gulf Stream.
OOne of the most attractive communities on the southern Florida east coast, the
Town of Gulf Stream is also one of the few remaining in the area that still dumps
raw sewage into the ground and waters surrounding its homes. All of the con-
tiguous neighboring municpalities, as well as most of the other 38 towns and
cities within Palm Beach County have had their own municipal sanitary sewage
disposal systems in operation for many years.
Sanitary engineers and public health authorities throughout the state and country
have long recognized the fact that septic tanks are not sewage treatment facilities
and, as such are incapable of removing the possible hazards of various sewage
born diseases. Septic tanks are primarily intended for use only in rural areas
where pollution hazards are minimal and, therefore restricted solely to the area
occupied by the user.
The public misconception that "septic tanks operate satisfactorily" is merely the
result of the fact that the septic tank and its drain field are capable of draining
off raw sewage without its subsequent reappearance above ground. The many pol-
lutants contained in sewage continue to permeate the surrounding soil and both
surface and underground waters, so that in a populous community a general state
of ground water pollution is the result. In Gulf Stream this pollution can show up
in ground water seepage on the beach, into the Intracoastal Waterway and in any
area where high ground water or tidal action shows up near the surface of the ground.
J
OFFICES IN FLORIDA AND MISSOURI
-2-
Our Federal, State and County Governments have presently intensified their re-
quirements for pollution control. Most communities that endeavor to help them-
selves in this respect are eligible for financial and planning assistance from
governmental agencies, and those that participate in regional pollution control
programs can increase their eligibility thereby. However, inevitable expansion
of area wide controls by County and State agencies, the unsewered communities
will be faced with the necessity for joining some system, such as the Palm Beach
County water and sewer program, and would thereby be forced to accept the re-
gulations and costs imposed by such assistance. However, by initiating its own
program the Town is in a position to regulate itself and its own rates, within the
cost structure of a system designed to serve its own needs.
We are all aware of the continuing increase in construction prices for public utility
systems, as well as the unpredictable cost of borrowing money. A sanitary sewage
system for Gulf Stream, if installed five years ago, would have cost some 60 to 70%
of the cost to install the same system today, and the associated financing cost
would have been about one half of what it would cost today to finance a program.
We can only expect that such cost increases will continue into the future.
In answer to the specific questions pointed out in the referenced letter we submit
the following:
i ) 1. It is a known fact, demonstrated throughout the State of Florida and the United
States, that septic tanks and sewage disposal plants do pollute the soil and
water, and create, in many instances, undesirable atmospheric conditions.
2. There have been no specific pollution surveys conducted in the Gulf Stream area
other than the determination of the fact that there is a high degree of pollution
throughout the Intracoastal Waterway in Palm Beach County. Tests have been
conducted in other similar areas in this and other counties and have shown very
positive pollution indexes.
3. The disposal of sanitary sewage, like water supply and the disposal of solid
waste, garbage and trash, is a community responsibility to its own inhabitants
as well as to the neighboring communities.
4. The Palm Beach County Health Department will no longer approve individual or
septic tank installations for sewage disposal where the load is in excess of
2000 gallons per day. It further will not approve proliferation of individual
sewage treatment plants throughout a community or an area, as has been the
custom in the recent past. Furthermore, the Health Department will require
any users of individual treatment and disposal installations, such as multi-
family buildings, clubs, etc. , to discontinue the use of the individual treat-
ment facility and connect to municipal sewerage systems when such becomes
available to them. It is anticipated that any user of the community sewer
system will be required to pay his share of the system, based on the size of
the installation and the service required. Furthermore, it is anticipated that
the Town will provide only those sewerage facilities which are installed on or
in public property, for public use.
-3-
The installation of sewers, pumps and other such facilities in private property
and for the sole use of the owner should be at the owners expense.
We sincerely intend to present an engineering report that will be fair and unbiased -
and to the best interest of the Town and its citizens.
Sincerely,
RUSSELL & AXON
CONSULTING ENGINEERS, INC.
JOhn H. Klinck, P. E.
District Engineer
JHK: j p
4R4xT by G�
Q i M
d
SAJSP Permits
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT. CQ'tPS OF ENGINEERS
FEDERAL BUILDING. P O BOX 4970
JACKSONVILLE. FLORIDA 32201
Mr. nenry F. Lilienthal
onnston, Lilienthal 6 Johnston
Attorneys at Law
P. 0. Box 48
West Palm Beach, Florida 33402
Dear Mr. Lilienthal:
27 November 1970
is-is is in reply to your letter of 20 November 1970 concerning the
,osslbility of the Town of Gulf Stream obtaining a blanket permit to
e:,able oceanfront property owners to construct rubble revetments when
sucn a request is made to the town.
it the proposed rubble construction -'is landward of the mean high -water
�,ne no Department of the Army permit :a required.
Of course any work seaward of the mean high -water line would require the
usual Department of the Army permit. We regret, however, that it is not
the policy of the Corps of Engineers to grant blanket type permits as
outlined in your letter.
Each application must stand on its own merits ana the decision as to the
final action would be the result of an individual evaluation.
It is hoped you understand our position in the matter.
Sincerely yours,
. L. McKNIGHT
Chief, Operations Division
C>
JOHNSTON, LILIENTHAL & JOHNSTON
ATTORNEYS AND COUNSELORS AT LAW
HARVEY BUILDING
WEST PALM BEACH, FLORIDA 92402
HARRY A. JOHNSTON TEMPLE 2.0571
HENRY F. LILIENTHAL e P. O. BOX 48
HARRY A. JOHNSTON 11 NC9aiber 20, 1970
Col. A. S. Fullerton
District Engineer
U. S. Corps of Engineers
P.O. Box 4270
Jacksonville, Florida 32201
Dear Sir:
We are attorneys for the Town of Gulf Stream, Florida,
in which person: reside who own beach frontage on the Atlantic
Ocean.
At a recent meeting of the Town Commission a form of
0 tition was presented along with a proposed resolution concerning
he possibility of obtaining a blanket consent to permit owners
f ocean front property to construct rubble revetments to protect
their property. Copies of the petition and the proposed resolu-
tion are enclosed for information concerning the request presented
D to the Commission.
The purpose of our letter is to inquire whether, upon
presentation of an engineer's plan or sketch, blanket authority
can he obtained from the U. S. Corps of Engineers authorizing con-
struction in accordance with the plan submitted to construct rubble
� V grevetnents by any ocean front owner simply upon application to the
/ Town of Gulf Stream for a permit rather than to have each owner sub-
mit a separate request both to the U. S. Corps of Engineers and the
IILJJI Bureau of Beaches and Shores of the State of Florida in appropriate
instances. Such a plan, if permitted, would enable each property
owner to immediately take such steps as necessary to protect his
ocean front property without the delay which would be incident to
applications otherwise.
Will you please let us know whether the U. S. Corps of
Engineers will approve this general idea.
Sincerely yours,
JOHN LILIENTHAL & JOHNSTON
HFL:vB H
Encl.
CC Town of Gulf Stream
State of Florida Qy
DEPARTMENT OF NATURAL RESOURCES
RANDOLPH HODGES LARSON BUILDING / TALLAHASSEE 72304 / TELEPHONE 224 -7141
Executive Director
December 2, 1970
Henry F. Lilienthal, Esquire
Johnston, Lilienthal & Johnston
Harvey Building
P.O. Box 48
West Palm Beach, Florida 33402
Dear Mr. Lilienthal:
CLAIIDF. R KIRK IR
Gnvernnr
TOM ADAMS
Sncrelery .1 Stale
EARL F'AIRCLO111.)k
Altnrney Gencrnl
FRED O. DICKINSON, IR
Comptroller
BROWARD WILLIAMS
Treasurer
FLOYD T. CHRISTIAN
Commissioner of Education
DOYLE CONNER
Commissioner of Agriculture
Re: Blanket authority
for revetments.
Thank you for your letter of November 20.
This matter has been discussed with our Department Attorney,
Mr. Jack Pierce. Based on this discussion, it is our opinion
that the granting of the requested blanket authority would
be contrary to the provisions of Chapter 70 -231, Laws of
Florida. A copy of that law is enclosed for your information.
You will note under Section (2) of this law that a waiver or
variance requires the approval of the Department of Natural
Resources (Governor and Cabinet). Since most, if not all, of
the seawalls in Gulf Stream are within 50 feet of the mean
high water line, the construction of a revetment seaward of
these seawalls will require approval of this Department.
Application for waivers to this law under Section (2) may
be made to this office by letter, accompanied by a recent
mean high water line survey and proposed plans. Usually, a
request for such variance can be handled by-this office within
two (2) weeks or less from the time of receipt.
Sincerely,
W.T. Carlton, Chief
Bureau of Beaches & Shores
WTC:sjp
Enclosure
OIVIS IIINR / AUMINIWOWrIVE Y::uviciCs - INTFRIOR RF:SOURCLS - MARINE REROURCI'S
RECREATION AND PAR" - CAME AND FRESH WATER FIRH
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JOHNSTON, LILIENTHAL & JOHNSTON
ATTORNEYS AND COUNSELORS AT LAW
HARVEY BUILDING
WEST PALM BEACH. FLORIDA 33402
HARRY A. JOHNSTON TEm PLE 2.0571
HENRY F. LILIENTHAL P. O. BOX 48
HARRY A. JOHNSTON 11 November 20, 1970
Mr, W. T. Carlton
Chief of Bureau of Beaches and Shores
Department of Natural Resources of Florida
Larson Building
Tallahassee, Florida 32304
Dear Sir:
Y.e are attorneys for the Town of Gulf Stream, Florida,
in which persons reside who own beach frontage on the Atlantic
cean.
At a recent meeting of the Town Commission a form of-
C O tition was presented along with a proposed resolution concerning
he possibility of obtaining a blanket consent to permit owners
f ocean front property to construct rubble revetments to protect
heir property. Copies of the petition and the proposed resolu-
tion are enclosed for information concerning the request presented
D to the Commission.
The purpose of our letter is to inquire whether, upon
presentation of an engineer's plan or sketch, blanket authority can
P,be obtained from the Bureau of Beaches and Shores of the State of
�Florida authorising construction in accordance with the plan sub-
/mitt to construct rubble revetments by any ocean front owner simply u
upon application to the Town of Gulf Stream for a permit rather than
to have each owner submit a separate request both to the Bureau of
Beaches and Shores of the State of Florida and the U.S. Corps of
Engineers in appropriate instances. Such a plan, if permitted,
would enable each property owner to immediately take such steps as
necessary to protect his ocean front property without the delay which
would be incident to applications otherwise.
Vsill you please let us know whether the Bureau of Beaches
and Shores will approve this general idea.
Sincerely yours,
ZM J .. ON, LILIENTHAL & JOHNSTON I:FL:vB B
Encl.
CC Toim of Gulf `?tream
P E T I T I O N
To the Board of Commissioners
of The Town of Gulfstream
This Petition is submitted to request that The Town of
Gulfstream in behalf of its oceanfront residents, obtain
a blanket Permit from the State of Florida, Department
of Natural Resources, and the U. S. Corps of Engineers
for the construction of rubble revetments in front of
existing vertical seawalls presently unprotected.
Such a Permit would enable owners to make such arrangements,
or not, as they wished, to protect their properties without
individually having to apply for the various Permits which
are required, which is both time consuming and expensive
when done on an individual basis.
If The Town could obtain such a blanket Permit, it would
only be necessary for the individuals to apply for Town
Permits for this type of construction, which would already
have prior approval to The Town. A local engineer could
prepare the necessary sketch, and application letters upon
proper authorization of The Town to do them. It would
be desirable to request that Permits be valid for approximately
a three year period, with renewal options after that time
from each of the originating authorities.
A suggested draft RESOLUTION for your consideration is
enclosed.
C
R E S O L U T I.0 N
WHEREAS: The Town of Gulfstream has many vertical
seawalls on the oceanfront which are unprotected, thereby making
them subject to wave attack in storms and hurricanes, over - topping
of storm seas subjecting the up -land area to flooding, and
subject to severe damage both to walls and adjacent property,
And
WHEREAS: Such vertical seawalls because of natural
wave forces upon them prevent the accumulation of sand in front
of the walls thereby contributing to beach erosion, and causing
interruption of littoral drift of sand past these walls,
And
WHEREAS: The Corps of Engineers and the Florida
Department of Natural Resources, Bureau of Beaches and Shores
has issued permits for such rubble revetments in Gulfstream,
which function in a way to lessen the pounding of the seas
on the.wall, the reduction of over - splash, and the encouragement
of sand build -up,
And
j WHEREAS: Other public-agencies in the State of
Florida recognize the desirability of protecting vertical walls
with rubble revetments to decrease the possibilities of storm
damage, and to act beneficially in the flow of sand along the
shoreline in the littoral drift movement,
And
WHEREAS: The Town of Gulfstream has a continuous
stretch of vertical walls needing this protection, such protection
being for a public purpose in aiding to prevent beach erosion
in the State of Florida.
THEREFORE: Be it resolved that the Town of
Gulfstream will make application for permits from the U. S.
Corps of Engineers, the Florida Department of Natural Resources,
and such other Agencies as may be involved, for a blanket permit
for the construction of rubble revetments in front of such
oceanfront vertical walls as the owners may elect to protect.
BURNS MIDDLETON FARRELL & FAUST
C. ROBERT BURNS
ELWYN L. MIDDLETON
JOHN M. FARRELL
H. DAVID FAUST
ROBERT C. ROSS
Mr. R. D. Worthing
P.O.Box 255
Delray Beach, Florida
LAWYERS
205 WORTH AVENUE
PALM BEACH, FLORIDA 33480
November 19, 1970
Re: Our File 5072.2
Dear Mr. Worthing:
This is to confirm our telephone conversation
1970,in the morning,regarding the interpretation
of the proposed contract between Gulf Stream and
Florida.
TELEPHONE 655-5311
P.D. BOX 2537
of November 18,
of paragraph 3
Ocean Ridge,
The percentage formula provided for in paragraph 3 is intend-
ed to be computed at the conclusion of the 1971 fiscal year and
to apply to subsequent years.
Subsequent to our telephone conversation, I discussed this
matter with the Town Manager and Mayor of Ocean Ridge and at
their suggestion, I am enclosing an amendment to the Agreement
which you now have in your possession, the amendment hopefully
stating the true intent of paragraph 3 as herein expressed.
If you and your commission find the terms of the amendment in
accord with your understanding, I should appreciate your having
all three copies of the amendment executed and thereafter returned
to Mrs. Williams together with Ocean Ridge's copy of the original
/,/�agreement. Thereafter, Mrs. Williams will forward to you a copy
of the amendment following its execution by Ocean Ridge.
I appreciate your bringing this matter to my attention.
Sincerely yours,
HDF/7 H. David Faust
encl.
cc: Mrs. Dorothy V. Williams
Town Manager, Ocean Ridge, Fla.
HARRY ALLISON JOHNSTON
HENRY F. LILIENTHAL
HARRY A. JOHNSTON II
Town of Gulf
P.O. Box 255
Delray Beach,
Dear Sirs:
JOHNSTON, LILIENTHAL & JOHNSTON
ATTORNEYS AND COUNSELORS AT LAW
HARVEY BUILDING
WEST PALM BEACH, FLORIDA 33402
December 15, 1970
Stream
Fla, 33444
Oo5) 832 -OS71
P. 0. BOX 48
Re: Agreement with Town of Ocean Ridge re
fire department
As requested, I have examined the agreement between the
Town of Ocean Ridge and the Town of Gulf Stream dated November 11,
1970, and the amendment to agreement which has not yet been
executed regarding the furnishing of fire fighting equipment and
fire fighting services by the Fire Department of the Town of Ocean
Ridge to the Town of Gulf Stream.
The agreement and the amendment purport to cover services
for a period of five years on an annual basis beginning November 1,
1970 and ending October 31, 1975.
The consideration to be paid by Gulf Stream to Ocean Ridge
is a minimum of $7,000.00 for each year. For the first year
ending October 31, 1971, the cost to Gulf Stream will be the
percentage of the total cost which the sum of $7,000.00 bears
thereto. In other words, if the total cost as determined for
salaries paid to the employees of the department and maintenance of
equipment including depreciation should be $14,000.00, the percent-
age to be paid by Gulf Stream would be 501. and the cost to Gulf
Stream would be $7,000.00. The percentage determined for the
fiscal year ending October 31, 1971, will thereafter be applied to
each of the succeeding four years of the agreement. Therefore
if the expense should, for example, be $20,000.00 for the fiscal
year ending October 31, 1972, the percentage determined for the first
year would be applied, and assuming the percentage is 50 then
for the second year the cost to the Town would be $10,000,00.
The figures I have used of course are ones purely for the purpose
of illustration.
I call to the attention of the town commission the pro-
visions of paragraphs numbered 4 and 5 of the agreement.
Paragraph 4 states that the Town of Gulf Stream agrees
to indemnify the Town of Ocean Ridge and hold Ocean Ridge harmless
against any claims or demands resulting from the operation of the
fire department. I am not informed of the insurance which the Town
carries but it may be advisable to check it and see if liability
insurance carried by Gulf Stream will protect the Town against
C
Town of Gulf Stream -2- December 15, 1970
responsibility and liability that may be incurred by virtue
of this paragraph.
Paragraph 5 provides that Gulf Stream agrees at all
times to keep its water tank filled in accordance with Southeastern
Underwriters requirements. We must bear in mind that the
water tank is not owned by the Town and that water is supplied by
the Golf Club.
Other than these comments I see no objection to the
agreement and the amendment.
I return herewith the original agreement executed by the
Town of Ocean Ridge, proposed original amendment to agreement,
and three copies of the amendment to agreement.
HFL:vB
Encl.
S' erely your ,
� n
HENRY F. L LIENTHAL
JOHNSTON, LILIENTHAL S JOHNSTON
c
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d
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ra
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E €Q7
i�
AMENDMENT TO AGREEMENT
WHEREAS, the TOWN OF OCEAN RIDGE, a Florida municipal
corporation, and the TOWN OF GULF STREAM, a Florida municipal
corporation, entered into an agreement dated November
1970, under the terms of which OCEAN RIDGE agreed to furnish
men and fire - fighting equipment to GULF STREAM; and
WHEREAS, the parties wish to revise the provisions of
3 thereof in order that their intent more clearly may
expressed;
NOW, THEREFORE, in consideration of the premises, the
hereto agree that paragraph 3 of said agreement shall be
the same hereby is amended to read as follows:
3. That in each of the four (d) years subse-
quent to October 31, 1971, GULF STREAM agrees to pay to
OCEAN RIDGE a standby charge in an amount to be computed
as follows:
a. At the conclusion of the 1971 fiscal year of
OCEAN RIDGE (said fiscal year ending on Octo-
ber 31, 1971), OCEAN RIDGE shall determine the
total cost to it for the operation and maintenance
of its Fire - Department, said cost to include all
salaries paid to its fire - fighting employees and
costs and maintenance of its equipment, includ-
ing depreciation.
Upon the determination of said costs for the
1971 fiscal year, the sum of said costs shall
be divided into the sum of $7,000.00 and a
percentage thereby determined, this percent-
age to be considered GULF STREAM'S share of
the cost to OCEAN RIDGE for the operation of
its Fire Department for the 1971 fiscal year
and each succeeding year of this contract.
b. At the conclusion of each
year of OCEAN RIDGE (said
ly ending on each October
shall determine the total
operation and maintenance
ment, said cost to be det.
in "a" above.
succeeding fiscal
fiscal year present -
31st), OCEAN RIDGE
cost to it for the
Of its Fire Depart -
�rmined as provided
C. Upon the determination each year of said costs
as provided above, the suM of said costs shall
be multiplied times the percentage determined
at the conclusion of the 1971 fiscal year as
provided in "a" above, and the product thereby
1.
derived shall be the amount of the standby
charge due from GULF STREAM for that fiscal
year just ended; provided, however, that in
no event shall the standby charge due from
GULF STREAM for any fiscal year be less than
the sum of $7,000.00. Said sum shall be paid
by GULF STREAM within thirty (30) days follow-
ing its determination as aforesaid by OCEAN
RIDGE.
IN WITNESS WHEREOF, we hav caused these presents to be
executed this day of ° 9 1,
TOWN OF OCEAN RID
By: (LvL ., i
ATTES
�By: w(�2�
OF�
7Y: L L
ATTES /
BY-_.� '
2.
AGREEMENT
THIS AGREEMENT entered into this 11th day of November ,
1970, by and between the TOWN OF OCEAN RIDGE, a Florida municipal
corporation, hereinafter referred to as "OCEAN RIDGE ", and the
TOWN OF GULF STREAM, a Florida municipal corporation, hereinafter
referred to as "GULF STREAM ".
W I T N E S S E T H:
For and in consideration of the mutual promises and covenants
(herein contained and for the sum of TEN and 00 /100 DOLLARS ($10.0
and other good and valuable consideration to each in hand paid by
the other, the receipt of which hereby is acknowledged, the part-
ies hereto agree as follows:
1. That upon call by GULF STREAM, OCEAN RIDGE agrees to fur-
nish such men and fire - fighting equipment, including fire trucks,
as it may then have available and not otherwise employed, to such
site lying within the municipal limits of Gulf Stream as GULF
STREAM may designate, and to operate said fire - fighting equipment
and deploy and supervise said men for the purpose of controlling
and extinguishing fires located at such site. Notwithstanding
anything herein to the contrary, OCEAN RIDGE expressly.assumes no
liability for any damages resulting from its failure, whether
negligent or not, to furnish any or sufficient men or fire- fight-
ing equipment as aforesaid.
2. That GULF STREAM agrees to pay to OCEAN RIDGE a standby
.harge of SEVEN THOUSAND and 00 /100 DOLLARS ($7,000.00) for the
rear beginning November 1, 1970 and ending October 31, 1971, said
tum to be paid in equal monthly installments on the let day of
tach and every month of said period, whether or not a fire call is
lade by GULF STREAM.
3. That in each of the four (4) years subsequent to October 31,
971, GULF STREA4 agrees to pay to OCEAN RIDGE a standby charge in
to be computed as follows:
At the conclusion of each fiscal year of OCEAN
RIDGE (said fiscal year presently ending on each
October 31st), OCEAN RIDGE shall determine the total
cost i.t for the operation and maintenance of its
Pire- Department, said cost to include all salaries
1.
paid to its fire - fighting employees and costs
and maintenance of its equipment, including
depreciation.
b. Upon the determination each year of said costs
as provided above, the sum of said costs shall
be divided into the first charge of $7,000.00
and a percentage thereby determined, this per-
centage to be considered GULF STREAM'S share of
that year's cost to OCEAN RIDGE for the opera-
tion of its Fire Department. The percentage
then obtained then shall be multiplied times the
total cost to OCEAN RIDGE for the operation of
its Fire Department for that fiscal year just
ended and the product thereby derived shall be
the amount of the standby charge due from GULF
STREAM for that fiscal year just ended; pro-
vided however, that in no event shall the stand-
by charge due from GULF STREAM for any fiscal
year be less than the sum of $7,000.00. Said
sum shall be paid by GULF STREAM within 30
days following its determination as aforesaid
by OCEAN RIDGE.
4. GULF STREAM agrees to indemnify and hold OCEAN RIDGE har
less against any claims or demands made upon it as a result of
OCEAN RIDGE furnishing or failing to furnish men and /or fire-
fighting equipment to GULF STREAM as aforesaid and further agrees
to indemnify and hold harmless OCEAN RIDGE, its agents, servants
and employees should any suit be brought against OCEAN RIDGE, or
its agents, servants, employees or representatives, for the loss
of life or property arising from the furnishing of fire protec-
tion to GULF STREAM or the destruction or demolition of property
for the purpose of preventing the spread of fire within Gulf
Stream.
5. GULF STREAM agrees at all times to keep its water tank
filled in accordance with South Eastern Underwriters' require-
6. GULF STREAM agrees to maintain the Southern Standard Buil
ing Code in force and effect during the term of this agreement.
7. GULF STREAM agrees to adopt such ordinances as may be re-
guired to legally authorize Fire Department officials of OCEAN
RIDGE to carry out proper fire inspections and to fight fires. in
3ulf Stream and to employ such fire - fighting methods as Fire De-
partment officials shall deem necessary.
2.
8. This agreement shall be for a term of five (5) years.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
the day and year first above written.
ATTE Mt
By: `
Town Clerk
(ATTEST
Town
w
3.
TOWN OF OCEAN RIDGE
Mayor
OF-
BY:
Mayor