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HomeMy Public PortalAbout01/14/19721 COMMISSION MEETING January 14, 1972 Present: WILLIAM F. KOCH, JR. JOHN G. HART J. PHIL HOYLE WILLIAM S. LaPORTE GEORGE W. WALKER Also attending: R. D. Worthing, Att'y. John C. and Kathleen Kirton. Mayor Vice -Mayor Commissioner Commissioner Commissioner Randolph 1. Vice -Mayor Hart called the Meeting to order. 2. The Commission unanimously approved acceptance of the Minutes for the Meeting held on December 10, 1971, on motion of Mr. LaPorte, duly seconded by Mr. Walker. 3. The Commission accepted the Financial Report, for the Month of December - 1971, as submitted. 4. A Budget Report reflecting Revenues and Expenditures covering the first quarter of the present fiscal year was presented to the Commission. No action thereon was necessary, the Report being only informational, though factual, as to financial ac- tivities of the Town during said first quarter of the current fiscal year. 5. The following "Summary" of Police Reports, for the Month of December, was presented and accepted by the Commission: COWART BROWN CORBETT McQUADE MUMMA Mileage 1627 1511 1757 1891 1720 Days 23 20 22 22 21 Hours 184 160 176 176 168 C A L L S 21 5 12 12 7 6. The Town Manager informed the Commission that, in compliance with its directive expressed at the last regular Commission meeting, Engineering Design Plans and Specifications for re- pair of a portion of Polo Drive as well as portions of Banyan Road have been obtained and Bids for such improvements based upon said "Plans & Specifications" have been solicited. Bids as received will be submitted to the Commission for considera- tion at its next regular meeting, now scheduled for February 11, 1972. - 2 - 7. Mayor Koch, in compliance with the Laws of the State of Florida, and the Charter of The Town of Gulf Stream, issued a Proclama- tion that a General Election, for the purpose of electing Five Commissioners to serve the Town of Gulf Stream for a period of three years commencing Tuesday, March 21, 1972, be held on the first Tuesday in March, 1972, being the 7th day of said month. Only registered qualified electors (voters) of the Town of Gulf Stream are eligible for being elected to serve as Com- missioner for the Town, and only registered electors (voters) are entitled to VOTE. Any person who desires to have his or her name placed up- on the official ballot of the election shall file with the Town Clerk NOT LATER than 3:00 o'clock P.M., Tuesday, February 15, 19721 E.S.T., a 'Petition' signed by at least four (4) quali- fied registered voters of the Town of Gulf Stream requesting such person to become a candidate for the office of Town Com- missioner. 8, The Commission unanimously approved execution of an "Amendment to the current Water Agreement ", with the Gulf Stream Golf Club, on motion of Mr. Hart, seconded by Mr. Walker. This amendment provides for extending Water Service, with limited usage and certain additional conditions as set forth therein, to The Little Club for GREENS sprinkling purposes only. Mr. LaPorte requested that, prior to extending such 'Water Service' to The Little Club, the Town be furnished, in writing, the Little Club's understand- ing and concurrence in the limitations and conditions relative to such Water Service as set forth in the "Amendment ", copy of which has been furnished the Little Club, attached to and being a part of the 'Notice' to the Little Club that such "Service" is now available, if still desired as petitioned for in the pe- tition received from said Club and dated November 12, 1971, 91 On motion of Mr. Walker, seconded by Mr. LaPorte, the Commission unanimously approved execution, by the proper Town officials, of an "Agreement" with the owner of the land -fill area now being used by the Town of Gulf Stream for disposal of its Trash, on a month to month basis for the present calendar year. Such basis for USE thereof is due to the fact that the Palm Beach County Health Department has determined, and providing for, phasing out (closing) that 'Dump' site during the early part of 1972. 10. The Commission was furnished a copy of an "Offer to Sell" to the Town of Gulf Stream certain properties and equipment comprising the facilities involved in supplying water to the Town, by the Gulf Stream Golf Club, dated January 11, 1972. The Commission directed that this communication and "Offer" be referred to the Town Planning Board for review and recommendation thereon. 3 .- cont. 10. Mayor Koch referred to numerous inquiries being received at this time, concerning possible development of lands and particularly an estate of approximately thirteen acres, more or less, and believed that it would be wise to establish a policy of non - acceptance of any plans or plats for subdivi- sion of lands, and, further, that the Town recognize and re- view the dictates of the Planned Unit Development (P.U.D.) of Palm Beach County. On motion of Mr. Hart, seconded by Mr. LaPorte, the Commis- sion unanimously approved that the Town legal counsel be di- rected to draft an ordinance providing for such policies and regulations pertinent thereto as suggested by the Mayor. 11. A 'Petition' for Variance, permitting construction of a Dupl ®X Building on the East side of Gulf Stream Rd., adjacent to, and south of, the Regency Apartments (3883 Gulf Stream Rd.) re- ceived from Mr. Thomas E. Pemberton was submitted to the Com- mission. The petition was referred to the Town Planning Board for study and recommendation. MEETING ADJOURNED - 10:15 A.M. M A Y 0 R 9 F I N A N C I A L R E P O R T — — — — — — — — — — — — — — — DECEMBER - 1971 WATER FUND GENERAL FUND CAP. ASSET FUND BALANCES 11/30/71 $ 181003.89 $ 81792.04 $ 21257.75 Deposits 8,144.98 561680.62 -0- Withdrawals 21390.86 108272.10 -0- BALANCES 12/31/71 $ 231758.01 $ 558200.56 $ 2,257.75 CERTIFICATES OF DEPOSIT $ 61,000.00 $ -0- $ 199000.00 REVENUE for DECEMBER: Water $ 51482.15 Reimbursement $ 16.37 Trash 11580.00 Office Expense Fines 25.00 (Erosion Comm.) Licenses 446.58 Lot Clearing 25.00 Permits 195.00 (Boulton) Taxes 561394.48 Liab.Insurance 15.00 Prem. Refund Interest on Water Fund C.D. No. 4278 247.50 " " Asset Fund C.D. No. 4279 165.00 Refund of 2G Cigarette Tax - October 125.78 " of Monthly Cig.Tax Distribution 4.14 " of 8th cent Gasoline Tax - Sept. 103.60 CHECKS DRAWN ON "WATER FUND ": # 923 A & S Utility Co., 924 Gulf Stream Golf Club 925 James Vigliotti 926 Florida Power & Light 927 Harvel & Deland TOTAL REVENUE $ 640825.60 Meter Reading $ Water - Nov. 11,127,800 Gals. Chlorination Service Oct.,Nov. & Dec. Chlorination Plant Meter Repairs Oct /Nov T O T A L 100.00• 1,669.17• 90.00 21.37 510.32 $ 21390.86& CHECKS DRAWN ON GENERAL FUND: # 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 Grace 1179 1180 1181 1182 1183 1184 - 2 - County Sanitation 1st Nat'l. Bamk Delray Colebrook Allen Colebrook Allen Cowart Brown Corbett McQuade Mumma Colebrook Allen Worthing Adams Chevrolet Co., Bo0Del Printing Co., Cadillac - Overall City of Delray Beach Delray Beach Farm Supply 11 11 Fire Dept., Florida Power & Light Co Gulf Oil Corp., Wm. Gwynn Hand's Bookstore Hardrives, Inc., Kathleen Kirton Klear Water Mobile Communications New Colony Cleaners Ocean Ridge Gulf Serv. Pierce Tire Co., Bell Telephone Co., Wolf Lawn Maintenance Palm Bch. County Bldg. Colebrook Allen Colebrook Allen Cowart Brown Corbett McQuade Mumma Worthing Gracey Bros., Gulf Oil Corp y Bros., #1178 Paul Bradwell W. J. Hatcher City of Delray Beach Himes & Himes Gulf Oil Corp., Florida Power & Light Garbage Collect Withholding Tax Wages - Wk.End. u of is Be Be It Christmas Bonus is to u n it It It is J3 of n is It O Lon DEC NOV 12/8/71 n 12/15 of Police Car Repairs Trash Collection Notices " Men's Uniforms Sewer & Radio Chgs. Trash Truck Tools Town Hall Extinguisher Str.Lights & Town Ha Gasoline 696 Gals Bookkeeping Oct/Nov Misc. Supplies & Typew Bulldozing Dump Secretarial Services Town Hall Answering Service Nov Police Uniforms Police Cars & Truck Re is u n 11 ri ter /Dec P• Ti re Nov. Phone Service Town Hall Nov. Share of PERMIT FEES Nov. Wages - Wk.End. 12/22/71 u u u " it 12/29 1 u to December Be to is of u to Be It n a Insurance Premiums 610 Gals Gasoline Add1l. Insur. Premium 8th Payt of Severence Pay For USE of DUMP in Jan. 1972 Radio Dec. Annual Audit Case of OIL Street Lights Dec. 900.00• 422.80• 84.18• 84.58• 84.18• 84.58 94.80- 94.80• 94.80• 94.80` 94.80' 94.80• 94.80' 94.80 34.36 11.50 - 31.52- 53.75 10.73• 6.00- 303.76• 218.54- 130.00 292.86• 115.50• 20.00• 3.00• 47.70• 50.63- 95.98- 123.13 41.05- 65.50 181.13 95.99 96.59 88.42 88.72 633.07- 552.66 504820 530.40 504.20• 690.40• 307.00 191.54 - 54.00- 100.00, 50.00• 45.00 1,200.00• 9.06, 275.49• TOTAL $ 10,272.10 of FISCAL YEAR - - - OCT. 12 171 thru Sept. 30, t72 B U D G E T R E P O R T for First Quarter of Fiscal Year - (Oct. Nov. & Dec.) GENERAL FUND: BUDGETED RECEIVED Fis.Year To Date. Revenue: Taxes $ Licenses Permits Fines Trash Collection Roads & Bridges Electric Franchise Interest on Investments Cigarette Tax Gas Tax Refund Transfer from Asset Replacement Fund to " Unappropriated Surplus 79,810.00 4,000.00 300.00 200.00 8,000.00 1,200.00 7,700.00 2,000.00 278.60 400.00 2,700.00 6,000.00 TOTAL - GEN'L. FUND REVENUE $ 1121588.60 $ 63,248.00 4,826.79 418.66 64.00 2,862.00 -0- -0- 165.00 136.12 273.81 $ 71,994.38 Expenditures: BUDGETED DISBURSED Administrative & General: Salaries $ 91100.00 $ 21171.33 Postage & Printing 500.00 110.23 Supplies 100.00 21.04 Telephone & Answering Service 500.00 189.35 Auto Maint., Repairs, Gas /Oil 200.00 44.76 Building Maint. & Repairs 500.00 121.12 Electricity 575.00 140.85 Yard Care 600.00 147.50 Insurance 21900.00 3,811.00 Secretarial Service 240.00 38.94 Social Security Taxes 2,500.00 767.23 Bookkeeping 780.00 130.00 Legal & Professional 11500.00 134.50 Miscellaneous 100.00 Office Equipment - Annual Maint. 32.00 Town Library 900.00 900.00 Audit 650.00 650.00 Election 100.00 LESS: Pro rata to Water Fund (61400.00) (11600.00) Total $ 150377.00 $ 71777.85 Page 2 GEN'L. FUND cont. Expenditures: " Police Department: Salaries Uniforms NEW Supplies & Equipment Auto Maint; Repairs; Gas /Oil Uniform Cleaning Radio Service & Repair Capital Expenditures LESS: Pro rata to Water Fund Total I:lb07vi*"j $ 390300.00 600.00 200.00 4,000.00 500.00 600.00 28700.00 (200.00) DISBURSED $ 9,354.00 1,305.72 127.62 135.00 ( 50.00) $ 471700.00 $ 108872.34 Fire Protection: Fire Contract (Est.) $ 71500.00 $ 18750.00 Repairs to Hydrants 18000.00 Total $ 81500.00 $ 18750.00 Streets & Easements: Maintenance & Repairs $ 48000.00 $ 2.28 Lighting 38000.00 834.46 Signs & Striping 100.00 Total $ 7,100.00 $ 836.74 Sanitation Department: Salaries $ 10,311.60 $ 21448.40 Garbage Collection Contract 108800.00 21700.00 Trash Removal Expense to Dump Rental & Maintenance 18500.00 315.50 It Truck Repairs & 800.00 307.19 Uniforms & Cleaning 500.00 99.06 Total $ 231911.60 $ 58870.15 Reserve for Contingencies $ 10,000.00 $ 1,169.55 TOTAL GENERAL FUND EXPENSES $ 1128588.60 $ 280276.63 cont. To Date Page 3 W A T E R F U N D Revenue - - - From Sales of Water $ Interest from Invest. From Unappropriated Surplus TOTAL WATER REVENUE - - $ Expenditures: Cost of Water $ Chlorination & Testing Supplies & Repairs Electricity Postage & Printing Meter Reading Audit Pro rata of Gentl. Fund Expense Contingency for Water Improve- ments & Engineering Data Costs T 0 T A L $ BUDGETED RECEIVED To Date 391300.00 $ 121296.40 28500.00 247.50 1,000.00 421800.00 $ 120543.90 BUDGETED DISBURSED " 24,600.00 $ 5,121.00 11000.00 236.90 41000.00 510.32 350.00 64.97 200.00 600.00 150.00 650.00 550.00 01600.00 11650.00 4800.00 146.90 421800.00 $ 8,430.09 MAYOR'S PROCLAMATION CALLING TOWN ELECTION TO BE HELD on MARCH 7, 1972 WHEREAS, the Town Charter, Chapter 27579, Laws of Florida, Acts of 1951, requires a Town Election to be held on the first Tuesday in March, 1972, which is March 7, 1972; 1. An election is hereby called to be held on Tuesday, March 7. 1972 for the purpose of electing five (5) Town Commissioners who shall hold office for a term of three (3) years beginning on the third Tuesday of said Month of March, 1972; 2. The Election shall be held in the Town Hall of the Town of Gulf Stream, Florida, located at 246 Sea Road in Gulf Stream, and the polling place shall be open between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M., Eastern Standard Time; 3. Only qualified, registered voters of the Town of Gulf Stream shall be allowed to vote in this election; 4. Any person who desires to have his or her name placed upon the of- ficial ballot shall file with the Town Clerk, at least 20 days be- fore such election is to be held, a petition signed by at least four (4) qualified electors of the Town of Gulf Stream requesting such person to become a candidate for such office; 5. A copy of this Proclamation shall be posted on the Town Bulletin Board at least ten (10) days before the election. (d� ATx r F. OCH, JR. MAYOR Robert D. Wort iRcj./- .Town C Ter L E A S E A G R E E M E N T - - - -- --- - - - - -- THIS LEASE AGREEMENT made and executed in duplicate this 31st day of December, A. D., 19711 by and between WALTER J. HATCHER and JOYCE B. HATCHER, his wife, P.O.BOx 1783, Delray Beach, Florida, here- inafter called the Lessors, and the TOWN OF GULF STREAM, a municipal corporation existing under the laws of the State of Florida, herein- after called the Lessee. WITNESSETH: That in consideration of the covenants herein contained on the part of the said Lessee to be kept and performed, the said Lessors do hereby lease to the said Lessee the following described property, sit- uate in Palm Beach County, Florida, to -wit: 6.17 acres, less the north 245, located in the northwest quarter (NWh) of the northwest quarter (NW4) of the north- east quarter (NEk) of Section 29, Township 46 South, Range 43 East, as shown on Survey of E. Elliott Gross and Asso- ciates dated May 5, 1956, attached hereto and marked Exhi- bit "A ". TO HAVE AND TO HOLD the same for a period of one (1) year, from January 1. 1972, to the 31st day of December, 1972, the said Lessee pay- ing therefor the rental of fifty dollars ($50.00) per month, for said period of one year ending December 31, 1972, payable on the first day of each month commencing January 1, 1972. IT IS COVENANTED AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Lessee shall have the first option to renew this lease if the owner is willing to renew. 2. This agreement is to be void if the property either on ac- count of zoning or other governmental regulations cannot be used by the Lessee as a trash dump. 3. The Lessee agrees to use the said property for dumping trash during the period of this agreement. The Lessors have the right to burn the trash and if prevented from doing so by lawful governmental authori- ty then this lease may be terminated at the option of the Lessors. 4. The Lessors have the right to use the property for their own trash dumping and also the right to allow other individuals as designated by them to dump trash thereon, but the Lessors shall not allow other muni- cipalities or governmental bodies to use said land for trash dumping. S. The Lessors shall pay all taxes assessed against said proper- ty and the only financial obligation of the Lessee ro the Lessors shall be the payment of the aforesaid rent. l 6. The Lessee agress not to assign this lease or to sublet any portion of said premises without written consent of the Lessors. 7. This agreement shall extend to and be obligatory upon the parties hereto, their heirs, legal representatives, successors and assings. WITNESS our hands and seals as of the date hereof. Signed, sealed and delivered ) in the presence of: ) ) ✓ ) AS TO LESSORS ) AS TO LESSEE ATTEST: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SEAL) SEAL) TOWN OF G 7AM (SEAL) B ,MM ay�r Deputy Town Clerk., I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally appeared WALTER J. HATCHER and JOYCE B. HATCHER, his wife, to me known to be the persons described in and who executed the foregoing lease agreement, and who acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid, this day of December, A.D. 1971. Notary Public (Notarial Seal) I.). - 4, .X klAxm I_ 14.12, d. K. WHITTEMORE L M. BALL J. . C. BORDEMAN E, M, CLEMENTS ARNOLD W. JONES Chmn w i PETITION FOR VARIANCE AND ZONING REQUIREMENTS TO: THE TOWN COUNCIL TOWN OF GULF STREAM COUNTY OF PALM BEACH, FLORIDA Now Therefore, your Petitioner is desirous of buying a certain parcel of real estate located within the city limits of the Town of Gulf Stream. Wherefore, your Petitioner .ias signed an Option Agreement with the present owner, Henry V. Pope, for the purchase of said property contingent upon the desired variance being granted. A legal description and plat location of said property is attached hereto and made a part hereof. Now Therefore, said property is zoned, among other things, for "single family residences only ". Now Therefore, your Petitioner is desirous of constructing two family "Town House" type of building on said property. An architect's sketch of the proposed structure is attached hereto made a part hereof. Now Therefore, your Petitioner submits that the construc location of said desired structure on the subject property not in any way infringe upon the established setbacks on said y• Wherefore, your Petitioner respectfully requests that the Council of the Town of Gulf Stream consider his petition and grant a variance in the zoning code that will allow the construction of the proposed two family "Town House" on the subject Byrd, Whitley, Byrd & Devitt, P.A. 30 S. E. 4th Avenue P. O. Box 1927 Delray Beach, Florida V PETITION FOR VARIANCE AND ZONING REQUIREMENTS TO: THE TOWN COUNCIL TOWN OF GULF STREAM COUNTY OF PALM BEACH, FLORIDA Now Therefore, your Petitioner is desirous of buying a certain parcel of real estate located within the city limits of the Town of Gulf Stream. Wherefore, your Petitioner .ias signed an Option Agreement with the present owner, Henry V. Pope, for the purchase of said property contingent upon the desired variance being granted. A legal description and plat location of said property is attached hereto and made a part hereof. Now Therefore, said property is zoned, among other things, for "single family residences only ". Now Therefore, your Petitioner is desirous of constructing two family "Town House" type of building on said property. An architect's sketch of the proposed structure is attached hereto made a part hereof. Now Therefore, your Petitioner submits that the construc location of said desired structure on the subject property not in any way infringe upon the established setbacks on said y• Wherefore, your Petitioner respectfully requests that the Council of the Town of Gulf Stream consider his petition and grant a variance in the zoning code that will allow the construction of the proposed two family "Town House" on the subject Byrd, Whitley, Byrd & Devitt, P.A. 30 S. E. 4th Avenue P. O. Box 1927 Delray Beach, Florida 6 January 1972 Mr. Thomas E. 'Pemberton 200 N. Ocean Blvd Delray Beach, Florida Dear Mr. `Pemberton, This will confirm my granting you an option for the next 60 days, to purchase the 120 feet on Gulf Stream Road directly abutting and to the South of the Regency Club Apartment (3883 Gulf Stream Road) at the cash price of $30,000. I shall convey title by Warranty Deed, and provide Lawyers Guarantee Title Insurance at my expense. Very truly ours, j\ Henry V. pe, Owner" P.S. As the property owner to the North, South and West of this tract, I have no objection to the granting of a Special Exception for the building of a 2- family building on this property, as long as the existing set -back and height restrictions are complied with. f D� PEMBERTON CADILLAC CO. 1415 Jefferson Ave. TOLEDO 2, OHIO -4 o r P Iv IL v c p LP voi 'o 0 if, LUN 7v 17-V 11 57' I�� l 13 I X116 II C LU 5 H 0 US E. ). �+, g %I A T C- P. o k r, 101 wt z Ft 4 j5q in 73 -Tr ty c all -4 o r P Iv IL v c p LP voi 'o 0 if, LUN 7v 17-V 11 57' I�� l 13 I X116 II C LU 5 H 0 US E. ). �+, g %I A T C- P. o k r, 101 wt z Parcel abutting Regency Club Apartment on the South. Section 3, Township 46 South, Range 43 East, Town of Gulf Stream, Palm Beach, Florida. Said parcel being more particularly described as follows: Commence at the intersection of the Northerly line of Section 3 and the Easterly right -of -way line of Gulf Stream Road; thence run Southerly along the said Easterly right -of -way line of Gulf Stream Road 235.27 feet to the point of beginning of the parcel to be herein described; thence run Easterly making an angle with the Easterly right -of -way line of Gulf Stream Road of 860 04' 30" measured from North to East a distance of 125.83'• thence run Southerly making an angle with the predeeding course of 850 39' 23 ", measured from East to South, a distance of 120 feet; thence Westerly making an angle with the preceeding course of 940 20' 3711, measured from South to West; a distance of 124.5' more or less, to a point in the Easterly right -of -way line of Gulf Stream Road; thence Northerly along said Easterly right -of -way line a distance of 120' to the point of beginning. v = R - 5• �� -.- 1J Q. 33 _ ••P• -- 5 t. I1� Docti fso' , S=AWA LL I &0 aA,aFSE e's K'-C 1kc' 1 _ o Hausa It°- r I, I 1 _Q M V c 1 � 4 I t10.0z too :7 %5 I t..( ' t 1 \\ \j' >3 -�' •rot me 7 /. � t o a ` / 1 G= t b o% 19 1 j0J jb •j�.14 ' \ \9 0 � A � I L-.0, o :.