HomeMy Public PortalAbout05/17/1973 * Special MeetingSPECIAL COMMISSION MEETING
MAY 17, 1973
PRESENT: WILLIAM F. KOCH, JR., Mayor
GEORGE W. WALKER Vice -Mayor
HENRY N. WHITNEY Commissioner
JOHN K. WHITTEMORE Commissioner
Also attending: R. D. Worthing
11 This Special Commission Meeting was called to order by Mayor
Koch.
2. RESOLUTION No. 7 -73, was submitted for Commission considera-
tion. Copy thereof is filed with the original "Minutes" of
this Meeting. CAPTION of said Resolution No. 7 -73 follows:
A RESOLUTION OF THE TOWN COMMISSION
FOR THE TOWN OF GULF STREAM, FLORIDA
RELATING TO THE STATE COMPREHENSIVE
PLANNING ACT OF 1972, ITS COMPANION
LEGISLATION, AND REGIONAL GOVERNMENT.
There followed a brief explanation of the Resolution's con-
tents, as read, which relate to State of Florida legislation
in 1972, pertaining to establishment of particular geograph-
ical boundaries within the State of Florida (ostensively for
the purpose of state agency planning) and, secondly, the cre-
ation of the Division of State Planning to coordinate all
these regions, all of which tend to indicate the State's in-
tent to usurp the rights, freedoms and present powers of the
various Municipalities and Counties governing agencies.
The Commission, on motion of Mr. Walker, seconded by Mr.
Whitney unanimously approved PASSAGE and ADOPTION of said
Resolution No. 7 -73 on this first and final reading thereof.
3. The VACANCY in the Commission Membership, due to the recent
departure of the Honorable William S. LaPorte, was then dis-
cussed and from the "List" of individuals names shown below,
as suggested by various Residents of the Town, including but
not limited to present Commissioners, in response to the re-
quest by Mayor Koch at the last Regular Meeting (May 11, 173)
for submission of individuals names deemed qualified for fil-
ling such vacancy which were offered for consideration and are
3, cont.
BALL,
Lawrence M.,
FOGARTY,
Thomas C.,
HART,
John G.,
REED,
Robert B.,
LaPORTE,
Joan S.,
MAYER,
Marilyn G.,
SKELLY,
Gertrude E.,
page
The Commission, on motion of Mr. Whittemore, duly seconded
by Mr. Walker, unanimously approved appointment of Mrs. Joan
S. LaPorte to the Town Commission as set forth in Resolution
No. 5 -73.
The newly appointed Commissioner, Mrs. Joan S. LaPorte, later
subscribed to the "Loyalty Oath" and "Oath Of Office ",
The Commission informed the newly appointed Commissioner that
it intended to confer with the Town Counsel to determine the
possibility of providing a Charter Change to allow for hold-
ing an election for the purpose of filling such Commission
Membership vacancies as may exist from time to time and if it
were determined legally possible, that this "Appointee" under-
stand that such appointment, or any similar appointments, be
ONLY for the interim period, namely, between the date of an
appointment and the holding of an election to fill such a va-
cancy, at which election such "Appointee" or "Appointees ", if
qualified, would be eligible, if desired, to have their names,
along with all other qualified candidates, appear on such E-
lection Ballots.
4. Nuisance complaints were received by the Commission relative
to the undesirable condition of the grounds surrounding the
Ladew residence on No. Ocean Blvd., as well as the extreme
over - growth of the Australian Pine Trees on Gulf Stream Rd.,
just south of Banyan Rd., and the administration assured the
Commission and complainants that these nuisances would be a-
bated in the very near future.
MEETING ADJOURNED at 9:45 o'clock A.M.
Deputy Town Clerk
LOYALTY OATH
OATH OF OFFICE
STATE OF FLORIDA
COUNTY OF PALM BEACH )
Before the undersigned authority, an officer duly
authorized to administer oaths, this day personally ap-
peared JOAN S. LaPORTE , who, having first been
duly sworn, deposes and says:
I DO SOLEMNLY SWEAR that I am not a member of the
Communist Party, that I have not, and will not, lend any
aid, support, advice, counsel or influence to the Commu-
nist Party; That I do not believe in the overthrow of the
Government of the United States, or the State of Florida
by force or violence, that I am not a member of any orga-
nization or party which believes in or teaches, directly
or indirectly, the overthrow of the Government of the
United States or the State of Florida by force or violence.
I DO SOLEMNLY SWEAR that I will support, protect
and defend the Constitution and Government of the United
States and of the State of Florida against all enemies,
domestic and foreign, and that I will bear true faith,
loyalty and allegiance to the same, and that I am entitled
to hold office under the Constitution of the United States,
the Constitution of the State of Florida, and that I will
faithfully perform all of the duties of the office of TOWN
COMMISSIONER OF THE TOWN OF GULF STREAM, FLORIDA, on which
I am about to enter, SO HELP ME GOD.
J OQ a L 0. I ("1�
Sworn To and Subscribed before
me this 17th day of MAY
A.D., 19
Notary Public
NOTARY PUBLIC, STATE of FLORI RAGA -1fi GE
MY COMMISSION EXPICEC SEPI'. 23, 1976
GLRcaAL IIV_unANLL UNULR'w"ITERS,
Dear Sir:
The Town Commission for the Town of Gulf
Stream, Florida, has recently received complaints
concerning varios types of debris on your property
located at 3649 No. Ocean Blvd., Gulf Stream, Flo-
rida.
The condition of the grounds creates a
niusance and particularly hazardous at this time
of year due to the ever possible, so- called huri-
cane season approaching.
It is requested that attention, by the
proper parties responsible for the maintenance of
this property, be directed toward immediate abate-
ment of the nuisance condition as well as trimming
of coconut trees and other tree growth thereon.
Respectfully
TOWN OF GULF STREAM
.,
RDW:mc Town Manager.
JOE GWYNN phoned 6/1/7:
and advised that he will
ABATE THE NUISANCES on
TOWN OF
GULF STREAM LADEW'S Property durir
the first half of JUN
PALM BEACH COUNTY, FLORIDA
May
17th, 1973.
COMMISSIONERS
mglL ADDRESS
William F. Koch, Jr., Mayor
POST OFFICE BOX 255
DELRAV BEACH, FLORIDA
William S. LaPorte, Vice-Mayor
33444
George W. Walker
TEL.: DELRAV BEACH
Henry N. Whitney
276 -5116
John K. Whittemore
Town MeneBer
R. D. WORTHING
MR. HARVEY
S. LADEW,
Monkton,
Maryland.
21111
Dear Sir:
The Town Commission for the Town of Gulf
Stream, Florida, has recently received complaints
concerning varios types of debris on your property
located at 3649 No. Ocean Blvd., Gulf Stream, Flo-
rida.
The condition of the grounds creates a
niusance and particularly hazardous at this time
of year due to the ever possible, so- called huri-
cane season approaching.
It is requested that attention, by the
proper parties responsible for the maintenance of
this property, be directed toward immediate abate-
ment of the nuisance condition as well as trimming
of coconut trees and other tree growth thereon.
Respectfully
TOWN OF GULF STREAM
.,
RDW:mc Town Manager.
gown of (gulf V 4ream (givic Asocialion, CJnc.
P. O. BOX 2568, DELRAY BEACH. FLORIDA
May 20, 1973
Dear Member:
The Town Council, at its meeting of May 11, 1973, passed a reso-
lution extolling the late William S. LaPorte for his services to the
Town as Commissioner from May 14, 1960 to his demise on October 13,
1973. To quote from the resolution "Said William S. LaPorte personally
endeared himself to all who knew him by his friendliness, kind words
and deeds, his interest in others and in the public welfare, all before
self."
The Town's Planning Board in a thorough review of the proposal to
change the zoning of the northernmost section of "Place Au Soleil"
recommended to deny the request to "downgrade this zoning" Mr. Simon,
architect and Mr. Farrar, owner of the section, showed details
of the proposed change, after which the Commission denied the request
for the change.
Georme Walker was appointed Mice- P4ayor of the Town. Mayor Koch re-
quested the other members of the Commission to suggest names for the
purpose of filling the vacancy in the Town Commission. He made the
same request to those in attendance at the meeting. The following
names were suggested:
Lawrence P4. Ball, Thomas C. Fogarty, John G. Hart, Joan S.
LaPorte, Marilyn G. Mayer and Gertrude F. Skelly.
The stipulation was made that these would be told that the appointment
would be only until next December when, hopefully, the Charter of the
Town will have been changed or an ordinance passed, permitting an
election to fill the Post permanently. It was decided to convene
again on May 17, to appoint the temporary Commissioner.
At the May 17th meeting a report was made about the persons con-
tacted, Larry Ball is in F...urope and could not be reached, Thomas C.
Fogarty had left for the ?lest, John Hart said he was not interested
in being appointed by the Commission, Marilyn "Bayer was not interested.
This left Joan LaPorte and Gertrude Skelly. Mayor Koch again reiter-
ated that the appointee would resign in December and then could run
for the Post in a Town election. A voice from the floor inquired if
Jack Whittemore would also resign, since he was a Commission Appointee.
Koch answered "That's up to him. If he wants to, fine. Or any of us.
We all could do it." "However, under the present Charter, no one on the
Commission could be made to resign." Mrs. Kit Nickerson from the floor
suggested that if the present appointee would resign there was no rea-
son why the other appointee should not also resign. "You can't make a
law retroactive ", Koch stated. T,Thittemore then suggested that Joan
LaPorte would be appointed. This was seconded by Henry Whitney and
and Mrs. LaPorte will be sworn in at the June 8 meeting. The Town
Manager, Hobert D. Worthing, Pointed out that this appointment was
- 2 -
made under the old Charter, that the new Charter could not be changed
until a Town referendum was held, that most residents would not return
until late November or December and that, therefore the Charter could
not be changed until early 1974+ Koch again stated that the pledge to
resign was voluntary and could not be enforced. It is therefore a
logical conclusion that Mrs. LaPorte has been appointed Commissioner
until the next regular Town election. This is comparable to changing
the rules in the middle of the game; the persons contacted were told
that they would have to resign in December. Bill Koch said, at one
point, "We all could do it (resign in December. ") As the Commission now
consists of three elected by the voters of Gulf Stream, ( Walker, Koch
and Whitney) and two appointees, the resignation of all Commissioners in
December might find a ,great deal of support. A new TOTAm election might
clear the air. Joan LaPorte is a very fine lady and will fill her Post
admirably until December or Plarch, 1975. She has an excellent cultural
and business background.
The Army Corps of Engineers is studying the deepening of the Intra-
coastal Waterway from 10 to 12 feet. City Manager Richard Simmons of
West Palm Beach told the West Palm Beach Commissioners that the purpose
of the deepening was so that large commercial operations could be
carried on by means of over -water transportation. Public hearings will
be held on the subject. It is suggested that the Town Commission remain
posted on this situation, and someone attend the hearings.
The Civic Association is endeavoring to have an injunction granted
by Circuit Court Judge James C. Downey, set aside. This injunction
prevents the County from moving the sand transfer plant at the Boynton
Beach Inlet, westward, at the present location the plant is located too
far to the east to do any good. The suction pipe rests in a deep hole
of water, resulting in a pumping of water with very little sand, there-
by deprivine the beaches to the south of the Inlet from the sand normal-
ly drifting from north to south. The Boynton Inlet is blocking this
sand from nourishing the beaches to the south. The Town of Manalapan,
the South Lake Worth Inlet District and Andy and Victoria Anderson were
successful in obtaining the injunction from Judge Downey, on June 25,
1969, preventing the County Commission from moving the sand transfer
plant. The restoration of our beaches is of interest to all residents
of our Town. The beach property owners have spent large amounts of
money in erecting interlocking steel seawalls, steel groynes,etc. in
an effort to keep the ocean at bay. If this had not been done all
houses on the ocean would have disappeared long ago and the ocean
probably would have undermined route AlA with disastrous results to the
Town. The writer will continue pursuing the matter, but has not much
faith in obtaining results.
Finally an appeal to Mayor Koch to run the Commission in a more
parliamentary manner. The Civic Association has a representative at
these meetings, who tape- records the sessions. As these meetings are
open to the public this is entirely permissable. (If the meetings were
not public, this would be a violation of the Florida."SUhshine Law ")
- 3 -
A tape recorder cannot tell when someome from the floor interrupts the
meeting, who that person is. It has been repeatedly suggested to Mayor
Koch that when someone wishes to speak out, he or she should first be
recognized, then state name and business. Listening to the tape of
some of these meetings, sounds like a real kaffeeklatch. This probably
is a folksy and popular way to run a meeting as far as the persons
present are concerned. However, we have now close to 200 members in
the Civic Association, most of whom cannot attend these ieetings and who
rely on these letters to keep them informed. They deserve a full report
on the important subjects brought up, complete with names, etc. If an
informal give and take takes place at these meetings it is impossible
to render an adequate report.
Cordially y ,
Gulf Stream ;ip Association, Inc.
John
Secre