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HomeMy Public PortalAbout01/09/1975COMMISSION MEETING JANUARY 10, 1975 PRESENT: MAYOR, WILLIAM F. KOCH, JR. MAYOR GEORGE W. WALKER VICE MAYOR JOAN S. LAPORTE COMMISSIONER JOHN K. WHITTEMORE COMMISSIONER HENRY N. WHITNEY COMMISSIONER Also attending: Att'y H. Adams Weaver, Town Manager, William E. Gwynn Deputy Town Clerk, Barbara Gwynn, Police Chief, Roy Cowart, and Franklin B. O'Brien. The Meeting was called to order at 9 :00 A.M. by Mayor Koch. Upon motion by Mr. Whitney and seconded by Mr. Walker the Commission approved the "Minutes" of the December 13th, 1974 Commission Meeting. Financial Report for the Month of December was submitted and accepted by the Commission. Financial Report for the Quarter ending December 1974 was submitted. The following summarization of Police Reports for the Month of December 1974 was submitted to the Commission. MILEAGE DAYS HOURS CALLS WARNINGS Roy Cowart 1195 22 237 11 -0- Sgt. Wm. McQuade 1674 22 183 22 2 James F. Brown 1452 21 168 16 2 Ron Pabor 1601 23 184 15 4 H. B. Simpson 1314 22 176 27 -0- Wm. Reardon 1222 22 176 20 -0- J. L. Brown 1234 22 176 23 5 David Burns 998 22 186 7 -0- Five B & E's - One Conviction. Mr. Hull from the Palm Beach County Agricultural Department gave a talk on the Lethal Yellowing Disease. Deputy Town Clerk Gwynn gave a progress report on the innoculation program to date. Mr. Franklin O'Brien gave a report on the joint efforts by the Gulf Stream Civic Association and the Town in helping to alert the citizens of the importance of this project. Mr. O'Brien further noted that the Civic Association had adopted a resolution requesting that the Town pass an Ordinance making it mandatory for removal of diseased trees and require a compulsory program for all property owners to treat all trees susceptable to this disease. Mayor Koch said the ToFn would consider this recommendation and instructed the Town Attorney to review the legal aspects and advise if such an Ordiance could be pre- pared. COMMISSION MEETING, January 10, 1975 Cont. Page Z, A proposed contract between Hearth and Home Ltd. and the Town of Gulf Stream was read. This contract provides for Hearth and Home Ltd. to meet certain conditions as stated in the contract in turn the Town of Gulf Stream agrees to give approval to a preliminary plat for their property. After a general discussion Mrs. LaPorte moved that the contract be accepted. Mr. Walker seconded the motion. Motion passed unanimously. There was a general discussion of a proposed fee schedule to cover the expenses for platting, re- plating and re- zoning. Mayor Koch announced that the Town Commission would now temporarily recess this regular meeting so the Commission could sit as a Zoning Commission to consider a request from the Gulf Stream Golf Club as presented at the previous regular meeting. Thereupon Mr. Walker moved that the Meeting be recessed. Mr. Whitney seconded the motion. Motion passed. Mayor Koch recalled the Meeting to order, all Commissioners being pre- sent. A report from the Zoning Board to the Town Commission was presented by Mayor Koch. This report recommended that a request from the Gulf Stream Golf Club to re -zone certain lands west of the Intra - Coastal from "residential" to "recreational" be approved. The Town Attorney was then instructed to prepare the necessary Ordinance to accomplish this re- zoning and the Deputy Town Clerk was instructed to follow the proceedure for re- zoning as outlined in the Town Zoning Ordinances in- cluding newspaper publication and notices etc. Mrs. LaPorte moved that the Town not participate in the Community Development Act of 1974 as outlined in the letter from Palm Beach County. Mr. Walker seconded the motion. Motion passed. A recommendation was made that a qualified Municipal Judge be hired for all court cases involving the Town. Mr. Walker moved that Judge W. Bradford Martin be appointed Judge. Roy Cowart Police Chief be appointed Clerk of the Court and Barbara Gwynn Deputy Town Clerk be appointed as Assistant Clerk of the Court. Mr. Whitney seconded the motion. Motion passed. Mrs. LaPorte and Mayor Koch gave a talk on the recent meeting held at the Highland Beach Town Hall concerning the abolishment of Police Departments with less than ten men. Mrs. LaPorte stated that Mayor Koch presided over the meeting and informed everyone the meeting was instigated by the Town of Gulf Stream. Mayor Koch noted that a Resolution was adopted by all cities involved with this problem and would be presented today to the Palm Beach Municipal League for their support and then sent to the Legislature and Governor Askew. COMMISSION MEETING, January 10, 1975 Cont. Page 3. A RESOLUTION TO OPPOSE THE BUREAU OF CRIMINAL JUSTICE PLANNING AND ASSISTANCE STANDARD PO -5.02 COMBINED POLICE SERVICES, ADOPTED AT A MEETING OF MAYORS, POLICE CHIEFS AND LOCAL MUNICIPAL OF- FICIALS HELD ON FRIDAY, JANUARY 3, 1975 IN THE TOWN HALL AT HIGHLAND BEACH, FLORIDA. THIS IS TO BE PRESENTED AT THE AREA MEETING OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION. Mr. Walker moved that they accept this resolution as presented, Mr. Whitney seconded the motion. Motion passed unanimously. Mayor Koch reported that the Town had received bids for Health Insurance Major Medical and Term Life Insurance for the employees of the Town. These proposals were submitted to Mr. Matt Gracey an independent Insurance Specialist for review and recommendation. Mr. Gracey recommended that the Town accept the proposal from Blue Cross and Blue Shield of Florida. Mrs. LaPorte moved that we accept the recommendation and contract with Blue Cross and Blue Shield for a one year term. Motion seconded by Mr. Walker, Motion passed. Mrs. LaPorte stated that she had several requests that the Town install a shower along the easement at the Ireland property, it was agreed however that since this easement is only for the use of certain residents that it would not be proper for the Town to spend money on a project such as this. Mayor Koch presented an interesting study of the quality of water in the Town, he displayed several samples taken from the two main wells used to serve the Town. From the results of these samples and tests, it appeared that the'North Well" seems to have more sediment then the "South Well" and that from the test it appears that by flushing the blow off on the "North Well" the quality improves. Mayor Koch recommended that the Club be re- quested to flush the blow offs on both wells two times a month and that the Police Chief be instructed to flush the Town's water mains two times a month and to record each time this is done. A request to waive the moratorium on construction was presented by Mr. Taylor. The Commission stated that upon written approval by his neighbors the Deputy Town Clerk was authorized to issue a building permit. Meeting adjourned 11:15 A.M. Deputy Town Cl rk A RESOLUTION TO OPPOSE THE BUREAU OF CRIMINAL JUSTICE PLANNING AND ASSISTANCE STANDARD PO -5.02 COMBINED POLICE SERVICES, ADOPTED AT A MEETING OF MAYORS, POLICE CHIEFS AND LOCAL MUNICIPAL OF- FICIALS HELD ON FRIDAY, JANUARY 3, 1975 IN THE TOWN HALL AT HIGHLAND BEACH, FLORIDA. THIS IS TO BE PRESENTED AT THE AREA MEETING OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION. WHEREAS, the State of Florida, Department of Administration, Division of State Planning, Bureau of Criminal Justice Planning and Assistance, has issued a "Policy Statement for Implementing Preliminary Report on Standard Goals" on August 29, 1974 as authorized and directed by Exec- utive Order 73 -73 and, WHEREAS, Standard PO -5.02 Combined Police Services recommends the abolishment of all police agencies with fewer than ten sworn employees, the total consolidation of local government services, including mer- gers, the total consolidation of police services, regional consolida- tion, the regionalization of specific police services, metropolitani- zation, and more, and, WHEREAS, such proposals are neither necessary nor desirable and would in fact weaken all governmental services and cost far more than pres- ent services, and, WHEREAS, this same Bureau of Criminal Justice Planning and Assistance has for over three years been approving grants of money to strengthen the very small town police forces it now wishes to abolish, thereby squandering such investments to date, and, WHEREAS, there is no demand for any such merger, consolidation, or abolition on the part of those citizens receiving such services, and, WHEREAS, such policies are inimicable and contrary to the best inter- ests of freely elected local government, and WHEREAS, if Municipalities desire to enter into interlocal agreements, State Statute 163 Part 1 provides the required guidelines, and there- fore no further laws are necessary. NOW, THEREFORE, BE IT RESOLVED by those assembled at the meeting on Friday, January 3, 1975 in Highland Beach, Florida: SECTION 1. That the below listed Local Municipal Officials oppose the proposals of the Bureau of Criminal Justice Planning and Assistance as recited in this Resolution and therefore will take all proper means necessary to convince the Gov- ernor of the State of Florida, the Honorable Reubin Askew that he should order the cancellation of these proposals immediately. SECTION 2. Further that this Resolution be presented to the Palm Beach County Municipal League meeting on Friday, January in ia75 in +t,P WF.Rt palm Peach Citv Commission Chambers. SECTION 3. And further that this Resolution be presented to the Palm Beach County Legislative Delegation by as many of those in attendance on January 3, 1975 as possible. PASSED THIS 3rd day of JANUARY 1975, by representatives of the following municipalities: ATLANTIS BRINY BREEZES GREENACRES GULFSTREAM HIGHLAND BEACH JUNO BEACH JUPITER INLET COLONY LANTANA MANALAPAN OCEAN RIDGE ROYAL PALM BEACH MINUTES OF ZONING BOARD January 10, 1975 PRESENT: WILLIAM F. KOCH, JR. CHAIRMAN GEORGE W. WALKER JOAN S. LAPORTE JOHN K. WHITTEMORE HENRY N. WHITNEY Meeting was called to order by Chairman Koch. A request from the Gulf Stream Golf Club to re -zone certain lands as spelled out in the said request from "residential" to "recreation ". was read. This request is included and becomes a part of the Minutes. After a general discussion Mr. Whitney moved that the Zoning Board recommend to the Town Commission that this request be granted and that the Town Commence proceedings in accordance with the Town's Zoning Ordinances to effect this change. Mr. Walker seconded the motion. Motion passed. 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C O w M O O O >, 3 r 3 u 8 O 0 w C p V) a )4 7 c p: U w U d1 .•1 01 O O 0 O U 3 Fa O' N 90 H id Cr 0 O u N 01 N M 0) is t1 .-I 0 U 0) f. C. O d1 () H w N A >1 U= W .-) 'O w® ® O 0) H V O of td N M ca 0 0 0 w ca w F a v 0 ro w :3 Icd .� 0 0 W .1 x m 0 E E E x0hL) Uz CO W W C0 0 W>d m Lu w u ti a ti 33x a 3 Q U y U N m It In .D 1, 00 m O ID n 00 m O� N In 't 00 T O .-1 N M CO CO CO CO CO CO CO CO C%0%00 Ma%M 0' U%0%0+00 0000000 00•�.-1 H x M w U N i COMMISSIONERS William F. Koch, Jr., Mayor George W. Walker Vice -Mayor Joan S. LaPorte Henry N. Whitney John K. Whittemore TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA NOTICE TO PROPERTY OWNERS A PUBLIC HEARING WILL BE HELD FEBRUARY 14, 1975, 9:00 A.M. AT THE GULF STREAM TOWN HALL, 246 SEA ROAD, GULF STREAM, FLORIDA TO HEAR A REQUEST TO RE -ZONE SE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 4 TOWNSHIP 46S RANGE 43 E LYING EAST OF R/W OF US HIGHWAY #1 AS PRESENTLY LAID OUT IN USE FROM "RESIDENTIAL" TO "RECREATIONAL' THIS PROPERTY IS LOCATED WEST OF THE INTER - COASTAL WATERWAY AND DIRECTLY NORTH OF PLACE AU SOLEIL SUB - DIVISION AND IS OWNED BY THE GULF STREAM GOLF CLUB. MAIL ADDRESS POST OFFICE BOX 255 DELRAY BEACH, FLORIDA 33444 TEL.'. DELRAY BEACH 2765116 Town Manager WILLIAM E. GWYNN Deputy Town Clark BARBARA GWYNN GULF STREAM GOLF CLUB DELRAY BEACH, FLORIDA 33444 November 20, 1974 Mr, William F. Koch, Jr., and the Board of Commissioners Town of Gulf Stream, Florida 33444 Dear Sirs: You will recall that in 1972 the Town of Gulf Stream, after the required changes in zoning ordinances, approved the rezoning of the property of this Club east of the Intracoastal Waterway from "residential" to "recreational ". The following described property located west of the Waterway and east of Federal Highway, is the site for water -wells used to irrigate the Gulf Stream Golf Clubts properties east of the Waterway: SE 1/4 of the SW 1/4 of the NE 1/4 of Section 4 Township 46S Range 43E lying east of the R/W of US Highway 1 as presently laid out and in use Since water for irrigation is essential to the Golf Course (east of the Waterway) and since the ownership of the above property is for that purpose, the Board of Governors of the Club has instructed me to request that this property be rezoned from "residential" to "recreat- ional". Please enter this rezoning request on your agenda for the required consideration and decision by the Board of Commissioners of the Town and advise us of any further information or action required by the Board of Governors and Officers of the Club, very truly yours, Gulf Stream Golf Club By H. Schuyler Cole, President GRACEY Bros. R E A LT O R S'- I N 5 U R A N C E FOUNDED 1925 MATT GRACEY $05 E. ATLANTIC AVE.- P. O. BOX 2226 DELRAY BEACH, FLORIDA 33444 TELEPHONE (30S) 276 -6055 January 9, 1975 The Hon. William F. Koch, Jr., Mayor Town of Gulf Stream Gulf Stream, Florida Dear Mayor Koch: DEVELOPERS OF LAKE VIEW HEIGHTS OCEAN BREEZE ESTATES IDA LAKE TERRACE WATERWAY LANE THE GROVE Pursuant to your request, we have reviewed the various Proposals for Life, Accidental Death & Dismemberment, and Medical insurance for the employees of the Town of Gulf Stream. It is our opinion that the most suitable proposal for the Town is that made by Blue Cross and Blue Shield. Their monthly rates are: Life, Accidental Death & Dismemberment $1.01 per $1,000 Medical: Each Employee $ 18.77 Each Dependent $ 28.28 These rates are for their basic hospital benefits at $60 per day as well as Basic Surgical and Major Medical. The rates of Blue Cross are neither the highest nor the lowest of those made by the various Companies. It is, however, in our opinion, the most suitable for the Town and it's em- ployees. We have considered various factors, such as the premium cost to the Town, the cost to the employees for dependent cov- erage, the average financial status of your employees, and the normal or average length of confinement. Several of the other Companies made proposals for disability income insurance. We strongly recommend this and suggest that You consider this as a separate item of coverage. 1 J.,wito. ,,Y J 1 BASIC HOSPITAL BENEFITS Daily Room Allowance All Covered Hospital Services Emergency Room — Accident Outpatient Minor Surgery J..:.��L7ii n:1. L ii Y' Il' t:..+1 �. 'iLl�....__..•a L../ PAID IN FULL PAID IN FULL PAID IN FULL BASIC SURGICAL — MEDICAL BENEFITS Days 31 Days 31 Surgical Maximum $417.00 Inhospital Medical Visits $15.00 first day $ 5.00 each subsequent day Other Physician Services — X -ray, Pathology, Anesthesia, Physical Therapy, etc. Maternity Hospital $ 80.00 Doctor $104.00 Total $184.00 MAJOR MEDICAL AJ72 (FGIA•1 Ben. Sum.) 3/70 (See Blue Shield Section of this Proposal) Lifetime Maximum $250,000. Room Allowance $50.00 Coinsurance 80/20% of first $3,000, 100% after first $3,000 Deductible $100.00 JOHNSTON, LILIENTHAL & JOHNSTON ATTORNEYS AND COUNSELORS AT LAW HARVEY BUILDING WEST PALM BEACH, FLORIDA 33402 HARRY ALLISON JOHNSTON HENRY F. LILIENTHAL HARRY A,JOHNSTON n JOHN C. RANDOLPH DONALD J. SASSER January 7, 1975 William Koch, Mayor Town of Gulf Stream P. O. Box 255 Delray Beach, Florida 33444 Dear Mayor Koch: Please review the enclosed Contract For Improvements and see if it meets with y consider to be the intent of the Town i Very truly yours, JOHNSTON, SASSER & RANDOLPH formerly JOHNSTON, ENTHAL & JO STON ohn C. Randolph JCRA Enclosure Construction Of ur approval and regard to this (30S) 6s5 -0108 P. O. BOX 48 Required what you matter. .JOHNSTON, LILIENTHAL & JOHNSTON ATTORNEYS AND COUNSELORS AT LAW HARVEY BUILDING WEST PALM BEACH, FLORIDA 33402 HARRY ALLISON JOHNSTON HENRY F. LI LIENTHAL HARRY A. JOHNSTON U JOHN C. RANDOLPH DONALD J. SASSER January 3, 1975 Mrs. Barbara Gwynn Town of Gulf Stream P.O. Box 255 Delray Beach, Florida 33444 Dear Mrs. Gwynn: (305) 655 -0108 P. O. BOX 48 I am enclosing the materials concerning the Community Development Program. I suggest that you go ahead and put this item on the agenda for next Friday's Commission Meeting. My personal opinion is that the Town of Gulf Stream should not become involved in this program. JCR /ar Encls. Very John C. Randolph JOHNSTON, LILIENTHAL & JOHNSTON ATTORNEYS AND COUNSELORS AT LAW HARVEY BUILDING WEST PALM BEACH, FLORIDA 33402 HARRY ALLISON JOHNSTON HENRY F. LILIENTHAL HARRY A. JOHNSTON II JOHN C. RANDOLPH DONALD J. SASSER January 6, 1975 Mrs. Barbara Gwynn, Town Clerk Town of Gulf Stream P. 0. Box 255 Delray Beach, Florida 33444 Dear Mrs. Gwynn: (305) 655 -0106 P. O. BOX 46 In regard to the matter concerning the re- zoning request of the Gulf Stream Golf Club, I advise you as follows. The appropriate section to which you should refer in the Zoning Ordinance is Section 12, Changes and Amendments. In the event the Town Commission did not make a motion at the last meeting to change the zoning ordinance so as to allow the change in the zoning map of the property described by the Golf Club from residential to recreational, such a motion must be made. Thereupon the Town Commission must sit as a zoning commission and then decide whether or not the requested change should be made. After recommendations are made by that commission we then go through the public hearing as described in Section 12 of the Ordinance. The first step though, as I have stated, is for the commission to determine whether or not it will recommend the requested change. Very truly yours, JOHNSTON, SASSER & RANDOLPH formerly JOHNSTON, LILIENTHAL & JOHNSTON ohn C. Randolph JCR/k CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS THIS CONTRACT, entered into this day of , A. D. 1975, by and between HEARTH & HOME, LTD., a Bahamian Corporation in first part, hereinafter referred to as the "Developer" and TOWN OF GULFSTREAM, a political subdivision of the State of Florida, hereinafter referred to as the "Town ": W I T N E S S E T H: WHEREAS, the Developer is commencing proceedings to effect a subdivision of the land in the Town; and WHEREAS, the Developer requests the preliminary approval for recording of a certain plat of a subdivision in the Town, to be known as HEARTH & HOME; and WHEREAS, the Town desires that certain required improve- ments in the subdivision be installed after recordation of said plat and commencement of construction under building permits, under guarantees posted with the Town; and WHEREAS, a final plat of the subdivision within the Town shall not be recorded until the Developer has guaranteed to the satisfaction of the Town that such improvements will be installed once construction of buildings has commenced; NOW, THEREFORE, in consideration of the intent and desire of the Developer as set forth herein, and to gain preliminary approval of the Town prior to recording said plat, the Developer and the Town agree as follows: 1. The Developer agrees to, within eighteen (18) months from and after the date of recording of said final plat and commencement of construction of buildings, complete the required improvements for the subdivision to be known as HEARTH & HOME according to the subdivision plat, identified as Order No. 75 -494, on drawing made by O'Brien, Inc. with the Town. JOHNSTON LIENTHAL 0 JOHNSTON IIB HARVEY BUILDING EST PALM BEACH, FLA. 33402 JOHNSTON IENTHAL B JOHNSTON IS HARVEY BNILOINO ST PALM BEACH, FLA. 33,03 2. The Developer, hereby contracts and agrees that it will place the road where indicated, pave same to the Town's standards, and relocate the existing water and sewer utility lines on the property so that no homes or other improvements to the property may be constructed thereon. Prior to filing the final plat, the Developer shall tender to the Town a letter of credit in the amount of dollars, 9 f 0 ), which amount is not less than th�certif- ied estimate submitted by the Developer's engineer and approved by the Town Engineer for the cost of said road paving and utility line relocation. The Developer may substitute a surety bond in like amount at anytime prior to the completion of the aforesaid required improvements. 3. In the event the Developer shall fail or neglect to fulfill his obligations under this Contract, the Developer, as Principal, and the maker of the letter of credit shall be jointly and severally liable to pay for the cost of construction and in- stallation of the aforesaid required improvements to the final total cost, including, but not limited to, engineering, legal and contingent costs together with any damages, either direct or consequential which the Town may sustain as a result of the failure of the Developer to carry out and execute all of the provisions of this Contract. 4. The Developer further agrees that the Town at its option shall have the right to construct and install or, pursuant to public advertisement and receipt of bids, cause to be constructe and installed the aforesaid required improvements in case the Developer fails or refuses to do so in accordance with the terms of this Contract, after construction has commenced on building permits 5. This agreement is subject to the Developer being successful in working out an agreement with the Gulf Stream Golf Club to relocate the existing water and sewer utility lines on the -2 JOHNSTON JENTHAL B JOHNSTON is HARVEY BUILDING !ST PALM BEACH. FLA. 33402 property from their present location to the area shown for locating utility easements on the plat. 6. The Town reserves the right to modify the plat in the event it is determined by the Town's engineers that an ease- ment larger than that presently shown on the subject subdivision plat is needed to accommodate water and sewer utility lines or other utilities. 7. Developer agrees to hold the Town harmless for any liability to third parties which might be incurred as a result of approving this plat. 8. Preliminary and final approval of the plat herein described is subject to restrictions, reservations and easements of record. 9. The Town agrees to approve for record said final plat at such time as the final plat complies with the provisions set forth herein and with the provisions set forth by Chapter 177, Florida Statutes, and has been approved in the manner prescribed therein. 10. By its execution thereof, and in consideration of the terms set forth in this agreement, the Town hereby grants preliminary approval of the preliminary subdivision plat previously identitied in paragraph one (1) hereof, and attached hereto and made a part hereof. This approval is granted to allow the Developer to proceed to complete the final plat in accordance with Chapter 177, Florida Statutes. IN WITNESS WHEREOF, the parties hereto have executed these presents this day of HEARTH & HOME, LTD. }T! -3- , A. D., 1975. Lawrence D. Farrar ATTEST: ATTEST: JOHNSTON AENTHAL B JOHNSTON IB HARVEY BUILDING :BT PALM BEACH, FLA. BJAO3 TOWN OF GULFSTREAM MR William Koch, Mayor CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS THIS CONTRACT, entered into this day of , A. D. 1975, by and between HEARTH & HOME, LTD., a Bahamian Corporation in first part, hereinafter referred to as the "Developer" and TOWN OF GULFSTREAM, a political subdivision of the State of Florida, hereinafter referred to as the "Town ": W I T N E S S E T H: WHEREAS, the Developer is commencing proceedings to effect a subdivision of the land in the Town; and WHEREAS, the Developer requests the preliminary approval for recording of a certain plat of a subdivision in the Town, to be known as HEARTH & HOME; and WHEREAS, the Town desires that certain required improve- ments in the subdivision be installed after recordation of said plat and commencement of construction under building permits, under guarantees posted with the Town; and WHEREAS, a final plat of the subdivision within the Town shall not be recorded until the Developer has guaranteed to the satisfaction of the Town that such improvements will be installed once construction of buildings has commenced; NOW, THEREFORE, in consideration of the intent and desire of the Developer as set forth herein, and to gain preliminary approval of the Town prior to recording said plat, the Developer and the Town agree as follows: 1. The Developer agrees to, within eighteen (18) months from and after the date of recording of said final plat and commencement of construction of buildings, complete the required improvements for the subdivision to be known as HEARTH & HOME according to the subdivision plat, identified as Order No. 75 -494, on drawing made by O'Brien, Inc. with the Town. JOHNSTON LIENTHAL 0 JOHNSTON IIB HARVEY BUILDING EST PALM BEACH, FLA. 33402 JOHNSTON IENTHAL B JOHNSTON IS HARVEY BNILOINO ST PALM BEACH, FLA. 33,03 2. The Developer, hereby contracts and agrees that it will place the road where indicated, pave same to the Town's standards, and relocate the existing water and sewer utility lines on the property so that no homes or other improvements to the property may be constructed thereon. Prior to filing the final plat, the Developer shall tender to the Town a letter of credit in the amount of dollars, 9 f 0 ), which amount is not less than th�certif- ied estimate submitted by the Developer's engineer and approved by the Town Engineer for the cost of said road paving and utility line relocation. The Developer may substitute a surety bond in like amount at anytime prior to the completion of the aforesaid required improvements. 3. In the event the Developer shall fail or neglect to fulfill his obligations under this Contract, the Developer, as Principal, and the maker of the letter of credit shall be jointly and severally liable to pay for the cost of construction and in- stallation of the aforesaid required improvements to the final total cost, including, but not limited to, engineering, legal and contingent costs together with any damages, either direct or consequential which the Town may sustain as a result of the failure of the Developer to carry out and execute all of the provisions of this Contract. 4. The Developer further agrees that the Town at its option shall have the right to construct and install or, pursuant to public advertisement and receipt of bids, cause to be constructe and installed the aforesaid required improvements in case the Developer fails or refuses to do so in accordance with the terms of this Contract, after construction has commenced on building permits 5. This agreement is subject to the Developer being successful in working out an agreement with the Gulf Stream Golf Club to relocate the existing water and sewer utility lines on the -2 JOHNSTON JENTHAL B JOHNSTON is HARVEY BUILDING !ST PALM BEACH. FLA. 33402 property from their present location to the area shown for locating utility easements on the plat. 6. The Town reserves the right to modify the plat in the event it is determined by the Town's engineers that an ease- ment larger than that presently shown on the subject subdivision plat is needed to accommodate water and sewer utility lines or other utilities. 7. Developer agrees to hold the Town harmless for any liability to third parties which might be incurred as a result of approving this plat. 8. Preliminary and final approval of the plat herein described is subject to restrictions, reservations and easements of record. 9. The Town agrees to approve for record said final plat at such time as the final plat complies with the provisions set forth herein and with the provisions set forth by Chapter 177, Florida Statutes, and has been approved in the manner prescribed therein. 10. By its execution thereof, and in consideration of the terms set forth in this agreement, the Town hereby grants preliminary approval of the preliminary subdivision plat previously identitied in paragraph one (1) hereof, and attached hereto and made a part hereof. This approval is granted to allow the Developer to proceed to complete the final plat in accordance with Chapter 177, Florida Statutes. IN WITNESS WHEREOF, the parties hereto have executed these presents this day of HEARTH & HOME, LTD. }T! -3- , A. D., 1975. Lawrence D. Farrar ATTEST: ATTEST: JOHNSTON AENTHAL B JOHNSTON IB HARVEY BUILDING :BT PALM BEACH, FLA. BJAO3 TOWN OF GULFSTREAM MR William Koch, Mayor TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA COMMISSIONERS William F. Koch, Jr., Mayor George W. Walker Vice Mayor Joan S. LaPorte Henry N. Whitney John K. Whittemore Dear Property Owner: January 24, 1975 Enclosed herein you will find the latest information available on Lethal Yellowing. We hope the pamphlet will answer many of the questions regarding this disease. Again, I would like to remind you the Town has avail- able terramycin and the equipment to inject your palms. We urge that everyone inoculate their trees and notify the Town Clerk of their action. WFK /gs L MAIL ADDRESS POST OFFICE BOX 255 DELRAY BEACH; FLORIDA 33444 TEL.. DELRAY BEACH 2]65116 Town Manager WILLIAM E. GWYNN Deputy Town Clerk BARBARA GWYNN Willi Mayor F. Koch, Jr. Y _�