HomeMy Public PortalAbout06/09/1978COMMISSION MEETING
JUNE 9, 1978
PRESENT: WILLIAM F. KOCH, JR.
JOAN S. LAPORTE
JOEL HUNTER
LINDLEY S. BETTISON
EVANS M. CLEMENTS
MAYOR
VM-E- -MAYOR
COMMISSIONER
COMMISSIONER
COMMISSIONER
Also attending: Attorney John Randolph, Manager, William Gwynn, Deputy
Town Clerk, Barbara Gwynn, Police Chief, William McQuade, Larry
M. Ball, Brian Pfeifler, Robert DeMarco, J. K. Whittemore and
Tom Green.
The Meeting was called to order by Mayor Koch at 9 A.M.
Upon motion by Mrs. LaPorte seconded by Commissioner Bettison the Minutes of
the regular May 12, 1978 meeting was unanimously approved.
Upon motion by Commissioner Hunter and seconded by Commissioner Bettison the
Financial Report for the month of May, 1978 was unanimously approved.
The following summarization of the Police Report for the month of May, 1978
r was submitted to the Commission.
MILEAGE DAYS HOURS CALLS WARNINGS
Chief McQuade
741
14
112
11 1
Sgt. Burgess
1200
19
152
25 0
Sgt. Reardon
950
19
150
24 1
Robert Halvorsen
1112
20
160
11 0
W. E. Howse
1267
21
168
21 0
L. Tremitied
1197
22
176
22 2
H. Anderson
1038
21
132
9 2
J. Safonte
1307
22
176
26 1
Total
7137 158 1227 129 32
Mayor Koch presented a check from the Town to James Brown in appreciation of
dedicated service as a member of the Gulf Stream Police Department for eighteen
years.
The Commission presented plaques to former Vice Mayor Walker and Commissioner
Whittemore for dedicated service to the Town.
After a general discussion Mrs. LaPorte moved that Ordinance 77 -4 be approved on
second reading, Commissioner Bettison seconded the motion, motion was unanimously
passed.
ORDINANCE 77 -4
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE
TOWN OF GULF STREAM, FLORIDA; ESTABLISHING THE SAME; PROVIDING FOR
THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS
1 HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING
SUCH CODE OF ORDINANCES, AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
Eva
COMMISSION MEETING, JUNE 9, 1978 Cont.
This is codification of Town Ordinances only, the Charter will be codified at
a later date.
Upon motion by Commissioner LaPorte, seconded by Commissioner Clements Ordinance
78 -2 was unanimously passed on second reading.
ORDINANCE 78 -2
AN ORDINANCE. OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING ORDINANCE,
NO. 74 -6 IN ORDER TO BRING THE REGULATIONS OF THE TOWN OF GULF STREAM
CURRENT WITH THE NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS IN
ACCORDANCE WITH SECTION 1910.3 (e) EFFECTIVE DECEMBER 1, 1976 PRO-
VIDING FINDINGS OF FACT; STATEMENT OF PURPOSE; OBJECTIVES; DEFINITIONS;
GENERAL PROVISIONS REGARDING LANDS TO WHICH THE ORDINANCE APPLIES;
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS; ESTABLISH-
MENT OF DEVELOPMENT PERMIT; COMPLIANCE; ABROGATION AND GREATER RESTRICTIONS:
INTERPRETATION: WARNING AND DISCLAIMER OF LIABILITY; PENALTIES FOR VIOLATION;
ADMINISTRATION; PERMIT PROCEDURES; VARIANCE PROCEDURES; PROVISIONS FOR
FLOOD HAZARD REDUCTION; SPECIFIC STANDARDS; STANDARDS FOR SUBDIVISION PROPOSALS;
PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
A letter from the Gulf Stream Golf Club was read to the Commission. This letter
concerns a reduction in the annual rental as provided in Paragraph 3 of the lease
agreement and steps to be taken concerning the demolition of the existing water
tower. Upon motion by Commissioner Clements seconded by Commissioner Bettison
the Commission unanimously approved the reduction in the annual rental of the
lease agreement dated February 11, 1977 to $5,750 annually from $6,250 annually,
beginning with the commencement of the next lease year. This letter is a part
of the Minutes.
Mr. Klinck reported bids for the demolition of the water tower had been received
from three bidders.
1. Security Tank & Tower Corporation $5,145
2. Ethridge Tank Company 8,950
3. Cauyua Hoga Wrecking Compsny 17,845
Commissioner Bettison moved that low bidder Security Tank & Tower Corporation
be accepted, Commissioner Hunter seconded the motion, motion was unanimously
passed. Mr. Klinck was authorized to proceed with the necessary steps to
remove tower.
A letter from Russell & Axon concerning the site drainage plan, Shore Road
Properties Project #652- 741 -04 -4 was read to the Commission. This letter is
a part of the Minutes. After discussing this project at great length Mr. J. K.
Whittemore wanted to go on record that "as representative of the Bath and Tennis
Club and their being one of the major property owners on Shore Road that the
Commission deny granting a permit due to drainage and that in the future the
Gulf Stream Bath and Tennis Club receive drawings as they are received so that
they can analyze and determine whether this is a good thing or bad thing."
Commissioner Hunter for the record stated that his property would be insulated
from the drainage problem by a retaining wall, he does not contribute to nor
benefit from any of the project in spite of the fact that an outfall system is
-3-
COMMISSION MEETING June 9. 1978 Cont.
projected on the north line of the property or on his south side and that it
would have no effect on him. A motion was made by Commissioner LaPorte that
the Commission approve the drainage plan submitted by DeMarco and Sons, in
concept, subject to the developer providing the Town the easements determined
necessary by the Town Engineer for apositive outfall system from the subject
property and further subject to the developer providing the Town a bond or
irrevocable letter of credit to cover that property's proportionate share of
the cost of a positive outfall system as determined by the Town's engineer.
There being no second Mayor Koch called the vote. Commissioner Bettison,
Commissioner Hunter and Commissioner Clements voted against. Commissioner
LaPorte and Mayor Koch voted for. Motion was defeated.
Mayor Koch reported on a recent Central Dispatch Center Budget Meeting, he
informed the Commission that based on a per call basis Gulf Stream was paying
the highest rate of the four municipalities involved, he felt this was unfair
and would do what he could at the next budget meeting to alter this situation.
Upon motion by Commissioner Hunter, seconded by Commissioner LaPorte, plat
approval for Walsh property was unanimously passed.
Attorney Randolph advised the Commission that since the Town did not have an
ordinance on positive outfall, it may not be appropriate to deny approval of
the drainage plans as submitted by DeMarco & Sons. After a short discussion
Commissioner Clements moved to reconsider drainage plans as discussed and voted
upon earlier at this meeting, there being no second Mayor Koch called the
question, those for the motion to reconsider, Commissioner Clements, Commissioner
LaPorte and Mayor Koch, Commissioner Bettison against and Commissioner Hunter
abstained. After a discussion on this matter Commissioner LaPorte then moved
to approve the drainage plan submitted by DeMarco & Sons in concept, subject
to the developer providing the Town the easements determined necessary by the
Town Engineer for a positive outfall system from the subject property and further
subject to the developer providing the Town a bond or irrevocable letter of credit
to cover that property's proportionate share of the cost of a positive outfall
system as determined by the Town's Engineer. Commissioner Clements seconded the
motion, motion passed. Commissioner LaPorte, Mayor Koch, Commissioner Clements
voted yes, Commissioner Bettison voted no and Commissioner Hunter abstained.
Meeting adjourned 10:45 A.M.
Deputy Town Clerk
D o
FL a
Z °
N 0
°
r��
e
o
r
'd m Q
�O
°
�a
I ~
3
�1 Fy
O UI
F
a
T
r w cr
°
cD PL n
S
w (D
N
3
�
W
V
N
°
\
N
�
M
j
�
O
C
3
a
o'
n
0
3
c
°
°
Z
� O
N
of r
r
N
».
v
0
a
D_^
D D
.�
c-
°-
3 H'
O O
a n
n
d
o
T
,^,
c
+
Z m
o Z y
t
3 °-
03
=
i
°
m
ti
o y
?m
m
o'
Z
v
D
s°
0
e e
a
ti
I 2
"�
r m
m M •
m
s
o
s
P
m°
w
V•
W
�l �p N
0G1i
�rD-i
v
my
^ n 3
m
N
a
c+ 1
W
\
N a
N '"
yK
'm
mo< Sa
pmC m�S
m
w f)
�-`
�O
J Vl a
=m
n
T
".
iD
\Il m
m
p
<
sZiti
shy
O
u
..
m
�D
Z m 3
ti m $mo
v
4A
33
01
ED
m
_
u
C+
N
3
O
rT
r
ti
w
09
pD ^m �-
O]._nDOy£OU�2��go
om
O >m pa
m- �<�'J'JHU pB`yyyyn
m>om;Q &7m i gga3- Ag✓
DGFn Y _
34�!�o�?DZa IPEFsEa=
`^o
�p
3 a
a n
at
89
go
dad g� _33
e3 ^F -n6
oy�> Bm
a^ as
0
0
`u
D
N
m
m
n
O
O
D
O
S
m
x
m
- - - - - - -
61 F19d 1113 qp uPa ap a ,q 9n aNp Me, w . ♦ue I
—
1N3W3511N3AOV IV031 enOA d0 N011V3nand 1sM13
0806 pa0x a ®Q gkZ
;sod l!Aep!i)V 888349 ;TAg ;O IIMOrj, 'Oj
0808' 8 iSO� I 968.2048 ;0 jfe0Mg
;o Jayyew ay; u!
3sV3,13a 8L6*E *tR8T AWN llpaJ3 Jada,c
39 NVJ ;o sanssi ay; ui papasui sau!I ®� ainsui of
+4Va I d d V amell!wai
``°I�3s L9 0 5 9 .laq LunN Juno »V ,n OA
mN no3M Z90EE 'el=l 'ypeag ouedw0 d "pnl g ouellV '3 100E AOedWOJJe lsr
1N3WAVd 13NI1N3S-Nns luawalels sly
ay; u! r>u!s!;aanpV IL-ea-1 ;o ;uawa;e ;S
his statement
ist accompany
your
remittance
to insure
proper credit
Statement of Legal Advertising in the
SUN - SENTINEL
2401 E. Atlantic Blvd., Pompano Beach, Fla. 33062
Account Number 65560967
40 lines inserted in the issues of
May 18th, 1978
PAYMENT
REQUIRE
BEFORE
AFFIDAVI
CAN BE
RELEASE
in the matter of Request for Rids
Removal of storage tank 8.80
Cost 1. () B
__ Town of Gulfstream Affidavit Cost
J
Z
I�
H
W
t
cnC/)
y
J
Z e
li.
C
N
p
J
T
w
D
1i
ca a_
a
o
a
a
z
Q
W
W
O
u
Statement of Legal Advertising in the
SUN - SENTINEL
2401 E. Atlantic Blvd., Pompano Beach, Fla. 33062
Account Number 65560967
40 lines inserted in the issues of
May 18th, 1978
PAYMENT
REQUIRE
BEFORE
AFFIDAVI
CAN BE
RELEASE
in the matter of Request for Rids
Removal of storage tank 8.80
Cost 1. () B
__ Town of Gulfstream Affidavit Cost
�
Z
W
t
cnC/)
y
J
Z e
li.
C
N
p
J
T
C7
M
1i
ca a_
o
a
a
z
Q
W
W
C
U v
Statement of Legal Advertising in the
SUN - SENTINEL
2401 E. Atlantic Blvd., Pompano Beach, Fla. 33062
Account Number 65560967
40 lines inserted in the issues of
May 18th, 1978
PAYMENT
REQUIRE
BEFORE
AFFIDAVI
CAN BE
RELEASE
in the matter of Request for Rids
Removal of storage tank 8.80
Cost 1. () B
__ Town of Gulfstream Affidavit Cost
��; I
D t
r !
K I
p c
N
N n .
0 , -
0
O
Z Z e O
Z C D 0 ��
v Z N A r o D m
O D r
��n
t i b
m
D
O
K U
s 0
<
m
N O
A
' Q
\ �
i
z
m
3
0
O D a . Z . , '
z
z
T
N
W
O
0 0 x
T
- C
L
a m
r
A
Z
T m
D
m
o
z
a
N
9
A
o `
Z ,
��K
= o
' A
n ��
m O m
n
O y n D
o z ? a
n o z D
5 ` z
N r D
3 K O C
D y C w y
y m A x
L o m
A x > N
y O A D
O N
i z n
m N C i
T D z D
O O K K
H O : K
A x
r m
A
n D D
M o o v
Z n n
o C z z
0 z O j n
9 < m
y x z
K
o r m
r
O a i r
M m
D o N
S > D D
M o z
z n z m
> x m f
O f 9
G Z m A
A
p D N r
N x N
n m m Z
O m A m
` m y O
Z
K m r y
Z
M A o
- n 1 o A m ;
A m m v
0 m D
y N m z
Z O
o f
O
z
M
y
M
O
T
i
< N
o T D
T y
O A
M
. Z 7
m
B
O
a
O
M
N
O
Z
a
i r q
S ��
m ��
7
F
n
0
A
Y
m m ' 3 2 1 n '
p y a
_ - o ����i m n ��i S i n
' n
3 o E . 3 t o m
o m 9 �� g m f . � i D
R a g $ 0 m ��
��y i o 3 ' s � P
9
A C
H m
N r
M i
m
i p
�� D
M 0
Z O
O
D D
2
M O
n a
a
c x
N
N z
r - F ��
A
0
O D
�� O
h i n
0
a z
N <
' n
O
O
D
I
H
2
m
n
M
: C l
2
> T D A
a p
n � 4 p m ��
_ 3 y
s ��e ; Z D
D
a
I ��
I ��
e +
N
I ��
O
7 ' m
0
O I O N
1 4 O Z
O Z D
�� D r
i K
D
N 9
D 9
i N m
D
i A
m
a p
I ��
x ��
o m
T i n 1 0
K O
x I
N 1 0
C
Z
Y
Z %
C
K I < z
�� N d
K n
O ��
C y
z m
7 0
O T
T T
m ��
A y
D D
O
9
3
9
z
O
m
M
` z m m
q A N
n m ,
O
A
o O
n n Z
O r [ r J
` K r
i
0
A
0
D
n
y
0
T
K
O
M
O
a
r
z
n
m
m
C v s tz n n to
io p n y 0
Ei,
0 n w d G
..1 p N C❑ w
O w n c
n ❑ d 7 v
a 0 �'n°v ti? fib;
G a O n �• '�
ntz a
tz
n d O r
_ iSJ O' -. � O n 'O � ro ❑
3;e f � _ •n„ ti � o' n 3 � 't7
n T n n
h _ 0 c
H o
ra
o v .J c n n• ^7 �,
n n w
. o =-
<3m
to S -.
•! n
9
I 7
�o dd' 'Occ,b
0
w
O
iJ
M
n
w
G
S
v
d
j•
a
n
'o
w
n
•v
A
O
O
T
O
T
c
c
O
z
h7
ro
3 .o
rn
a o.
S S
PTJ m
F M
n
n
w C
n G
Sn
n^
d
ti
0
a.
w
F-=�1
V
n
O
o
�
ro r
n
V
:xP
1 0
d
ca a
tw 2
H
n
C n rly
i.-O
rTi
r t
<�
CD
i
�
c+ W
ctP)
O rS
cio
No
iylr5•
NY
q
0v
c
iCD
tj
c
jQq
n
w WW
ioao
�s g
CL
Cn
n
i o
6.
a :y
n
w
=
w
n
S x
—
n
w
r .Ct
a i
a
d : (D
C:
•v
A
O
O
T
O
T
c
c
O
z
h7
ro
3 .o
rn
a o.
S S
PTJ m
F M
n
n
w C
n G
Sn
n^
d
ti
0
a.
w
F-=�1
V
n
O
Proof of Publication
Va.
Filed in the Office of Clerk of Circuit Court
..... . . . . . ........ . ................. ..... .. . ....... ... 19 ...........
---- - °-- °-- °......_..._...__....__. . ....... Clerk
By
D. C.
.. . .... . ........ ........... - ------------ - —__.........----------
Complainant's Solicitor.
Corporate Resolutions
(DEPOSITORY, BORROWING AND SAFE DEPOSIT)
Name of Corporation !V,;m of =Bn1E Stream
Title of Account
Located at 246 Sea Road
City Gulf Stream State
Incorporated under the laws of the State of
Florida
i, the undersigned, hereby certify that I am the Secretary of the above named Corporation (hereafter
called "this Corporation "); that the following is a true copy of resolutions duly adopted by the Board of
Directors of this Corporation at a meeting duly held on the 9 day of June 1978 1
at which a quorum was present and voting throughout, and that such resolutions have not been rescinded
or modified and are now of full force and effect:
"RESOLVED, that the Flagship First National Bank of Boynton Beach, Boynton Beach, Florida,
(hereafter called "Bank ") is hereby designated as a depository of this Corporation and that a checking or
deposit account be opened and maintained in the name of this Corporation with said Bank and that all
checks, drafts, or other orders for the payment of money from said account shall be signed by
NAME
William F. Koch, Jr.
Evans M. Clements
Joan.S. LaPorte
Lindley S. Bettison
Joel Hunter
❑ Singly
TITLE
Mayor
Commissioner
Commissioner
Commissioner
Commissioner
and any (-2—) of such officers is /are authorized to endorse all notes, drafts, checks, bills, certificates of
deposit or other instruments payable to or owned or held by this Corporation for deposit in said account
or for collection or discount by said Bank; and to accept drafts and other instruments payable at said
Bank and to waive protest of any checks, notes, bills or other instruments made, drawn or endorsed by or
to the order of this Corporation.
"FURTHER RESOLVED that all notes and other evidences of debt of this Corporation to Bank shall
be signed by
NAME TITLE SPECIMEN SIGNATURE
❑ Singly ❑ Jointly
and that such officer or officers are authorized on behalf of this Corporation to make loans from said
Bank from time to time for credit to the account of this Corporation evidencing the obligation of this Cor-
poration to repay such loans by signing notes as authorized herein, and to convey to and hypothecate or
pledge with said Bank such property and collateral securities owned or held by this Corporation as may
be required by said Bank for such loans.
NAME TITLE SPECIMEN SIGNATURE
7 Singly ❑Jointly
"FURTHER RESOLVED that this Corporation is authorized to rent from the Bank a Safe Deposit Box
in their vaults, to be entered according to the policies and regulations of said Bank by
NAME TITLE SPECIMEN SIGNATURE
❑ Singly El Jointly
—OVER-
"FURTHER RESOLVED that the Bank is hereby directed to accept and pay without further inquiry
any note, draft or check against said account bearing the signature or signatures of authorized officers
even though drawn or endorsed to the order of any officer signing the same, or tendered by such officer
for cashing or in payment of the individual obligation of such officer or for deposit to his personal ac-
count, and the Bank shall not be required or be under any obligation to inquire as to the circumstances of
the issue or use of any instrument signed in accordance with the foregoing resolution, or the application,
or disposition of such instrument or the proceeds thereof.
"FURTHER RESOLVED that the Secretary shall certify to said Bank the names of the presently duly
elected and qualified officers of this Corporation and shall from time to time hereafter as changes in the
personnel of said officers are made immediately certify such changes to the Bank and the Bank shall be
fully protected in relying on such certifications of the Secretary and shall be indemnified and saved
harmless from any claims, demands, expenses, loss or damage resulting from or growing out of honoring
the signature of any officer so certified or for refusing to honor any signature not so certified.
"FURTHER RESOLVED that the foregoing resolutions shall remain in full force and effect until writ-
ten notice of their amendment or rescission shall have been received by Bank and that receipt of such
notice shall not affect any action taken by Bank prior thereto; and
"FURTHER RESOLVED that the Secretary be, and he hereby is authorized and directed to certify to
said Bank the foregoing Resolutions and that the provisions thereof are in conformity with the charter
and by -laws of this Corporation."
I further certify that there is no provision in the Charter or by -laws of this Corporation limiting the
power of the Board of Directors to pass the foregoing resolutions and that the same are in conformity
with the provisions of said Charter and By -Laws.
I further certify that the present officers of this Corporation and the offices respectively held by them
are: (List names only)
William F. Koch, Jr. VAVjR3�C MAYOR
Evans M. Clements CO SSIOONER
Joan S LaPorte 7amuiIONER
COtMISSIONER
Joel Hunter ��WX
Lindley S. Bettison COMMISSIONER
In WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of this Corpora-
tion, this T day of //
19�.
uJ --
CORPORATE 4h�
SEAL
NOTE: In case the Secretary is authorized to singly sign checks, notes, etc. by this resolution this Cer-
tificate must also be signed by a Director other than the Secretary.
✓��--
DIRECTOR OTHER THAN SECRETARY
M5/-
SOUTHEASTERN
f7
aO
N 100, 0
O
0 0 .7 nI H 00 It
N
m n ONO
m
O O n H M w O m
m
O N
N
U
O
I C1 H It n
C1 O C1 N Ol O7 00 CI
H
O
H Q\ n
Nl
M
,0 00 N ON n 00 Q\
N
{� H
0
O
U
ID
O H H �o
IT
pu
co W I I
m
Ca
w xd
.-1
N
.•-1
ri
W rn
vT
at
vs
�-
m
t/Y
vT
m
r
G
W
7
G
W
7
h
m
W 7
Y+
O
M 4 a
W
r
H F
G% 3
to
m H
O
O
H H A G H
M
O
W W
O
O
W H O
W
H
N
ci
w 6
rn
m
1
u W 1 p,
w
P:
a,
OI
~
N 00
H N+PI W H
14 r•I P W
H
u cd O W .0
N
•0
ZH
H •AW G w
O
O
d k,
yr
yr
yr
W U U H ,.7
H
W
u
H
O W
z G
u h
G
00
I
r-
N
fHL
N
> n u
o
x n u G
a
m m m m M m
M
a
W
u H u £'O W
N".6C:U -,4Cd
W L M M H 01
a"
z
o
a
N N D;
C. r1m
m
O
mu1''0000
Hx O W O a.l 14
.0
u1 �o In
In
o
C1 n .t In 000
cd Itl W w JJ G
H
YI
[y
M W OO .b Itl 6
r-41
G
ON O H
00
O
O 1O In .t .t N
In
p '-I cc 1 H H H
O
O m N
1l
O
u1 It ,o N n
N
Id p 'O W W PI 1
'+m �o
W
O
�a 00 and
�1 P 0
0 v A
1 P7 G 01 H H
W
O In C �
M W W 1 M 3 W W
.Z
N rl r-I
r-I
Ln
.--I
u a M I J.1 L
�addwd 33
°z
� It rn
O
H -
O
• O N
a
O
C
n O t_
m
O
W
H
aIr
<Hir
Ca
H .G
7
W u
'a
a m
W
10 W
W
a W
G
m
a
7v m m
m
O
W
W
Itl G 3 G H >,
w
v
d
z
N 0
..4
v
u w
C m
W
00
N
..
JJ U
IC
N m= o a W
P,
n
7
wI
N •rl
a
z
M u X17 N t0 0
\
H
W I-1
W
O
7 0 ad S>
H
O
a
HI
H
W W .+ W O W
C1
M
p
.-+ H
z
H W H z m O
m
a
W
WI
W co
W
N
W
>, W = W
W W G
Ln e-I
Itl
�o
H I
G
p: O
J.I
u > T
G H rl w H W L
VI N 3
w
b
M
W
q
Cd Id W G O H M
wL W
w
W
W I
1 LI N
E
z=P4 P4UC70
H 14 •v1
U
co
m
•0
m
U I
m W a .G M $4
P
CL
N I+1 4 In ,o n o0 m
d 0
�
W
W W G 10 E W
W
U
O%O, mm m ON a% C%
a 11
j
W I
% L U co
W
N
P7 fa3
R1
H
WI
F30H W 0
3
u
%00.D v
C O O O O M
O r1 O
n uy O O ON O O O O" m 1, M .O •DO N Ln Ln It tD
nO n01
1 O ro om
nc•1 O
to t`OO f�r-1 to vl •O O c+7 OtnO nnOO�l>0 tn� C'1
t0 O c0 t4
;c d c7 cr1
NdoT
stn nO rn 9 4N N O'-I to 9 •D t0 O c4 NNtti
cal O cam) m
rl N N It O
c•1 Cl)
. M .7 IP1 O m1 .-I O 00 Ot to to m m m O .t N cl .t co
N O 1--I
N N
m
N t� ' N N cn V •O I c`1 1 '• c'1 n m m
N
N
1-1 1-
I
N
1
W
z
0
h
W
O
x
W
teem
tD n m m O 1-I N m .t to tD n m m O r1 N m .t to t0 n m m O. N m .t I/7 cD n 00 m O .-I N m It Ln
cn O+OCrn 0000000 OOOr -11-1 ri rl .-I 1- -I r- I. -11-i 1�N N NN N N N N NN c+l t�l t•l c•1 P'1 P'1
h It
IPI V1
L
a
to
Q
s
m
m
w
F
%
O
m
1
w
0
T
7
m
0
C m
.. .0
Id
4)
C
va
I
o U
.a
U
x
.�
m D,
cc v0
m
a
Ia1�)
�.
>
m
00£a�i
.c
7u
00
0
14
M
�
11
X
d I M
m
00 00 m JJ
O n .
C
• 0
0
O•
C
0.
H I
m
0 n n u 0
H
7
+� A
++
m
F
+� 0
t0
H 00 7
H
\ \ i
C � P
3 4L
h
P. 8
P.
W $4 ++
H
0 G U to
H
0 7 .-1 c0
0
r rl 0
0 0 .-i
.-c 0
00
10
P4 CO
W +1 0 G
G" N N W ,C
C_
O\ Cl
.-/
Q G
1-1 Q
C
0 0 0
0
1 m m +1
1
C \\ 0 m
C
W A
Q
FI
0
bo
0 rl x
x 0
w
N
0 M
m
" O N C
0
0 X C~
m m u
M m
U co
u
0
>
u m ,C
0
M ,C to C
u
m m U 0
m
0 iJ 0 14
0 A pg
+� C
rl
$
N
M a m
N T
A M O
T M
0 W 0 1 1-1
0
cc. 1 to 0
N m O
O q
ggpp
O O
G
x
O H
'�C C
Q 4 O U�
O
0U M CO W 7 W
M
303 P.
MUHwdF
HP.-CC
C/)
P4 H
A. co d"')M3x
3 0 P:3
v
C
C
W
L
m
C
u H
C. H
0
Q G
O
C
m ++
O
G u
u
G
v A
u
a
wmd
M H
>
u H
O A
U
C
0
W C C
v1 N
m
m 0
m 00
O
u
to 0
.0 m
u
0 C u
m ,d
$4
++
•,q
T W U
m
,a
rD D to
w u
>
a,
W
m a
C
+H 3
O
A
N C
11
C 0 T
0
m C 1 .•L O
C
0
id
m b
U
E
0 u E
0
7 >"
7 C
0 0 0 O .0
1+
O
0 3 0
C H
m C
C
C ..'1 F.
M .-I
O N 4
.-1 U
w m O O w
0
'O
w O N L
11 4.1 m
m W m
0
A
m C O
1-1
U 0 N
m
w W w p
C U
3+
.0 w A u
0 0 0
.-1 v1 0
C
3 0
14
E
'1+.
0 m 44
r+ 0
m C
0
C 0 .O .0
0
'O 0
t-0
r1 H '-1
0 14
Q C x
F+ +1 H
co x 0
+i
H
B
O
rI to M
L U C
m W
+1
.0 0 u
u a 0 G
m DO
m a
PQ T) 0 0 S
C .--1 C
7
W $4
C a
O O W
U W U
to
W 1-1
U U 3
O
C
U
+1
U
G a
C H
S4 G
C H
m m C
0 r1
0 -e1
H Pd
C d O O N
++ U U
0
m>
C
v
m m m W
O u L
tC U
m co
tai
C
000.0 L
N ,C
H HC u
U G
m .M+ m m m
tai W
,�e0.'
0 0 01-1 Q
>. G m
N 14 • Q Q
-0 W
+-1 Q
m
m L rl
H 1-I
6 u •'I
0 m
•n O W 0 H ,C
{. C
r 4 Q
W
H
0)
Em
id m m O
M O H
0 0 .-i O O
0 0
0 O
u
N OC 0
00) O
C 0 0 E
1-Ci u
aC) to id 0 co
.0 O
E+ O
hd >UU
U
Q P. W »xx£
>OP1
m N
m m
P. W m 3
a7 O
go x ti h Q U
U" 133>
tD n m m O 1-I N m .t to tD n m m O r1 N m .t to t0 n m m O. N m .t I/7 cD n 00 m O .-I N m It Ln
cn O+OCrn 0000000 OOOr -11-1 ri rl .-I 1- -I r- I. -11-i 1�N N NN N N N N NN c+l t�l t•l c•1 P'1 P'1
h It
IPI V1
ono�o�. -ta,.� rn Ln
m N try It
mm I m W nN1� N
ID 10 ID w ID Ln M
T
N
v> yr
H
O
F
L
O
U
U
L
w
+i
w
W
14 v 'a
u
x
u w b p
I
>
r+l
H
I
w w
O
F
xF cd r wv2}
C _ _
_ _ r
:j
G u
I
L M N
w
-I y
w
w
a O w
_
_ _ H w C
Cd
L ty O
c
3
m0c)
L
O
U
z
L
,-i00
14 v 'a
x
u w b p
w'
W
m y t+ w a �0C
w
W
3 v> 0 6
O
F
xF cd r wv2}
x
z
x
C
w
M
Q
N O 7
3 aC4 W cad
U
M
m n W O It N
6
M
m It
H
x
I ll
W
l U
* MISCELLANEOUS GENERAL EXPENSES
Dues - Gulf Stream Civic Assoc.
" - Police Chiefs Associations
" - Fla. Shore & Beach Preservation Assoc.
" - Fla. League of Cities
" - Palm Beach League of Cities
Flowers - Clerk - Worthing
Newspaper Ads
Election expense
Dr. Cox - Physical exam, New Trashman
$ 20.00
65.00
100.00
150.00
50.00
79.00
31.00
246.00
19.00
$ 760.00
C '
For the
I0of0j_0 1A I aAI up
REVENUE:
FINANCIAL REPORT
iod October 1. 1977 thru June 30. 1978
Fines
Permits
Licenses
Alcoholic Beverage
Trash Collection
Taxes - Real Estate
State of Fla. Homestead Exemption
Franchise, Fla. Power and Light Co.
of So. Bell Tel & Tel Co.
Interest Income
St. of Fla. - Gasoline Tax
Fla. Revenue Sharing
Cigarette Tax Refund
Other Revenue
P.B. Cty Roads and Bridges
Federal Revenue Sharing;
Transfer from unappropriated Surplus
" " Fed. Rev. Sharing Surplus
Unexpended Funds from year 9/30/77
Antirecession Fiscal Assistance
TOTAL - GENERAL FUND REVENUE
ADMINISTRATIVE AND GENERAL
Clerks salary
Postage, Printing & Stationery
Office Supplies and Exp. -All Dept.
Telephone
Electricity
Transportation
Building maintenance
Lawn maintenance
Insurance
Insurance - Medical
Secretarial Ser.- vacation /assistant
Social Security Tax - All
Bookkeeping service
Retirement Plan
Legal and Professional
Discount on Taxes
*Miscellaneous General Expense
County Permit Fee
Town Library
BUDGET
ACTUAL
1977 -1978
thru 6/30/78
$ 600
$ 109
2,000
3,747
4,200
4,566
450
456
20,000
15,087
165,350
164,377
800
1,198
19,000
17,291
700
788
2,600
2,203
650
498
8,000
6,077
2,000
1,503
100
774
10,000
12,447
10,000
3,455
8,715
81000
6,000
-0-
2,000
2,000
1,600
2,190
$2641765
$246,766
$ 16,685
$ 12,514
450
530
1,500
1,438
1,500
1,108
800
663
400
174
1,200
432
100
178
18,000
20,011
5,000
3,193
900
663
8,100
5,912
1,210
890
6,000
2,379
6,300
5,338
6,100
5,993
800
760
1,500
1,358
1,000
750
-2-
FINANCIAL REPORT FOR THE PERIOD OCTOBER 1. 1977 thru June 30. 1978 cont.
ADMINISTRATIVE AND GENERAL CONT. BUDGET ACTUAL
1977 -1978 Thru 6/30/78
Capital Expenditures - Administrative $ 1,000 -0-
Water Fund Share of Gen'1. Admin. Exp. ( 9,450) ( 7,088)
TOTAL 6$ 9,095 $ 57,196
POLICE DEPARTMENT
Salaries $ 97,300 $ 74,151
Uniforms and Equipment 11000 1,089
Auto Maintenance 12,000 8,088
Cleaning Uniforms 800 478
Radio Service & Repair 5,500 5,273
Crime Prevention & Criminal Investigation 500 354
Capital Expenditures -0- 57
Water Fund Share of Police (300) (225)
TOTAL $116,800 $ 89,265
FIRE PROTECTION:
Fire Contract Cost $ 14,700 $ 11,922
Maintenance repair 800 180
Capital Expenditures 400 -0-
TOTAL $ 15,900 $ 12,102
STREET AND EASEMENTS:
Maintenance, Repairs & Supplies $ 500 $ 3,769
Lighting 7,000 4,610
Signs 300 344
Capital Expenditures 5,000 6,147
TOTAL 12,800 14,870
SANITATION DEPARTMENT
Salaries $ 20,000 $ 14,304
Garbage Collection Contract 25,620 18,990
Truck Maintenance & Service 1,500 891
Uniforms 550 379
Dumpsite Rent & Bulldozing 2,000 4,031
Capital Expenditures 500 -0-
TOTAL $ 50,170 $ 38,595
TOTAL - GENERAL FUND EXPENSES $264,765 $212,028
-3-
FINANCIAL REPORT FOR THE PERIOD OCTOBER 1,
1977 thru June 30,
1978 cont.
WATER FUND
BUDGET
ACTUAL
1977 -1978
thru 6/30/78
REVENUE: From sales
$ 43,000
$ 53,816
Interest from invested
Surplus Funds
850
1,669
TOTAL WATER REVENUE
$ 43,850
$ 55,485
EXPENDITURES:
Cost of water
$ 28,550
$ 35,067
Repairs
1,000
5,281
Electricity
600
154
Chlorination and testing
1,700
311
Engineering and Surveying
250
-0-
Interest
-0-
3,174
Meter Reading
600
800
Billing & collection
900
478
Lease -Gulf Stream Golf Club
-0-
6,250
Postage, printing & stationery
500
82
Water Fund Share of Gen'l. & Admin.
Expenses - General Fund
9,450
7,088
Expenses
300
225
TOTAL EXPENDITURES
$ 43,850
$ 58,910
MODIFICATION OF LEASE AGREEMENT
WHEREAS, a Lease Agreement was entered into on February
11, 1977, by and between Gulf Stream Golf Club, a Florida corporation,
as Lessor, and The Town of Gulfstream, a municipal corporation, as
Lessee; and,
WHEREAS, the parties have agreed to certain modifications
to said Lease Agreement,
NOW, THEREFORE, it is agreed between the parties as follows:
1. The annual rental as provided in paragraph 3 of said Lease
Agreement dated February 11, 1977, is reduced to $5,750.00 annually beginning
with the commencement of the next lease year, to -wit:
Subject to the following:
A. The Town of Gulfstream demolishing the water tower and
tank described in paragraph 1 of said Lease within a reasonable
time as demolition bids from contractors are approved by the Town
Council of the Town of Gulfstream.
B. Adequate insurance against liability and property damage,
personal injury and death be provided by the contractor to whom
the demolition bid is awarded in the amount acceptable to Lessee
and Lessor and Lessor named is one of the insured parties.
C. Should the contractor require ingress or egress to any
property of Lessor other than the property subject to said Lease
contractor and Lessee shall be afforded such ingress and egress
strictly in accordance with the provisions of paragraph 6 of
said Lease.
2. The parties agree that Lessor may proceed forthwith to remove
the present fence surrounding the base of the tower and tank in order to
preserve said fence for future use. Lessee agrees to release said fence from
any and all provisions of said Lease Agreement.
3. The aforesaid Lease Agreement shall remain in full force and
effect except as hereinabove modified.
IN WITNESS WHEREOF, the parties have executed this Modification of
Lease Agreement by their duly authorized officers on this _9 day of June,
1978.
GULF STREAM GOLF
By
rival //)` J
ATTEST: I�t ��u�'L
Secretary
dv
WITNESSES:
Q -,,�Laj -2
irc I MI
By: / \
Ma o
ATTEST:
Town Clerk
(SEAL)
C
GULF STREAM GOLF CLUB
DELRAY BEACH, FLORIDA 33444
May 23, 1978
The Honorable William F. Koch, Jr.
Mayor, Town of Gulf Stream
Town Hall
Gulf Stream, Florida 33444
Dear Mr. Mayor:
The purpose of this letter is to confirm our recent telephone, conversation in
which I informed you:
1. The Executive Committee of the Board of Governors of Gulf Stream Golf
Club approved a reduction in the annual rental, as provided in Paragraph 3
of lease agreement dated February 11, 1977, to $5, 750 annually from
C $6, 250 annually, beginning with the commencement of the next lease year,
with the following understanding:
a. that the Town of Gulf Stream will demolish the water tower and tank,
as described in Paragraph 1 of said lease, just as soon as demolition
bids from contractors are approved by the Town Council, and within
a reasonable time thereafter;
b. that the contractor to whom the demolition bid is awarded will provide
adequate insurance, in acceptable limits to the Town of Gulf Stream,
to be written by a top -rated insurance company, and that the policy
so issued will name Gulf Stream Golf Club as a party covered;
C. that if such contractor requires ingress or egress to any property of
Gulf Stream Golf Club, other than than which is the subject of this
lease, the Town and such contractor shall be afforded such ingress
or egress only pursuant to the provisions of Paragraph 6 of the lease
agreement above mentioned; and
d. that a more formal lease- modification agreement will be made and
entered into between the Town of Gulf Stream and Gulf Stream Golf
Club after its approval by counsel for the respective parties.
The Honorable William F. Koch, Jr.
Mayor, Town of Gulf Stream
May 23, 1978
page 2.
Z. It is further understood that Gulf Stream Golf Club may proceed forthwith
to remove the present fence surrounding the base of the tower and tank
in order to preserve it for later use and the Town agrees to release such
fence from the provisions of the lease agreement.
I believe the foregoing covers the principal aspects of our recent conversation
and trust that the Town's tower and tank demolition project will be wholly
successful and best serve the needs of the Town.
Sincerely,
Presideff. Gulf Stream Golf Club
mfp
cc: Mr. James W. Briggs
I
ORDINANCE NO. 78_2
AN ORDINANCE OF THE TOWN OF GULF STREAM,
FLORIDA, AMENDING ORDINANCE NO. 74 -6 IN
ORDER TO BRING THE REGULATIONS OF THE TOWN
OF GULF STREAM CURRENT WITH THE NATIONAL
FLOOD INSURANCE PROGRAM REGULATIONS IN
ACCORDANCE WITH SECTION 1910.3(e) EFFECTIVE
DECEMBER 1, 1976 PROVIDING FINDINGS OF FACT;
STATEMENT OF PURPOSE; OBJECTIVES; DEFINITIONS;
GENERAL PROVISIONS REGARDING LANDS TO WHICH
THE ORDINANCE APPLIES; BASIS FOR ESTABLISHING
THE AREAS-OF SPECIAL FLOOD HAZARDS; ESTABLISH-
MENT OF DEVELOPMENT PERMIT; COMPLIANCE;
ABROGATION AND GREATER RESTRICTIONS; INTERPRE-
TATION; WARNING AND DISCLAIMER OF LIABILITY;
PENALTIES FOR VIOLATION; ADMINISTRATION; PERMIT
PROCEDURES; VARIANCE PROCEDURES; PROVISIONS FOR
FLOOD HAZARD REDUCTION; SPECIFIC STANDARDS;
STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING
FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the Town Council of the Town of Gulf
Stream, Florida, as follows:
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT_ TIHMP nc:r Tmi
(SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Florida has in Chapter 166, Florida
Statutes, delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety,
land general welfare of its citizenry. Therefore, the Town Commission
of the Town of Gulf Stream, Florida does ordain as follows:
I
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of the Town of Gulf Stream are
subject to periodic inundation which results in loss of
life, property, health and safety hazards, disruption
i
Of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, I
and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect
of obstructions in flood plains causing increases in
flood heights and velocities, and by the occupancy in
flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated,
flood- proofed, or otherwise protected from flood damages.
��I
S E C T I O N C . S T A T E M E N T O F P U R P O S E
; I t i s t h e p u r p o s e o f t h i s o r d i n a n c e t o p r o m o t e t h e p u b l i c h e a l t h ,
s a f e t y a n d g e n e r a l w e l f a r e a n d t o m i n i m i z e p u b l i c a n d p r i v a t e l o s s e s
t o f l o o d c o n d i t i o n s i n s p e c i f i c a r e a s b y p r o v i s i o n s d e s i g n e d t o :
( 1 ) r e s t r i c t o r p r o h i b i t u s e s w h i c h a r e d a n g e r o u s t o h e a l t h ,
s a f e t y a n d p r o p e r t y d u e t o w a t e r o r e r o s i o n o r i n f l o o d
h e i g h t s o r v e l o c i t i e s ;
( 2 ) r e q u i r e t h a t u s e s v u l n e r a b l e t o f l o o d s , i n c l u d i n g
f a c i l i t i e s w h i c h s e r v e s u c h u s e s , b e p r o t e c t e d a g a i n s t
f l o o d d a m a g e a t t h e t i m e o f i n i t i a l c o n s t r u c t i o n ;
( 3 ) c o n t r o l t h e a l t e r a t i o n o f n a t u r a l f l o o d p l a i n s , s t r e a m
c h a n n e l s , a n d n a t u r a l p r o t e c t i v e b a r r i e r s w h i c h a r e
i n v o l v e d i n t h e a c c o m o d a t i o n o f f l o o d w a t e r s ;
( 4 ) c o n t r o l f i l l i n g , g r a d i n g , d r e d g i n g a n d o t h e r d e v e l o p m e n t
w h i c h m a y i n c r e a s e e r o s i o n o r f l o o d d a m a g e ; a n d ,
( 5 ) p r e v e n t o r r e g u l a t e t h e c o n s t r u c t i o n o f f l o o d b a r r i e r s
w h i c h w i l l u n n a t u r a l l y d i v e r t f l o o d w a t e r s o r w h i c h m a y
i n c r e a s e f l o o d h a z a r d s t o o t h e r l a n d s .
S E C T I O N D . O B J E C T I V E S
o b j e c t i v e s o f t h i s o r d i n a n c e a r e :
( 1 )
t o
p r o t e c t h u m a n l i f e a n d
h e a l t h ;
( 2 )
t o
m i n i m i z e e x p e n d i t u r e o f
p u b l i c m o n e y f o r c o s t l y f l o o d
c o n t r o l p r o j e c t s ;
( 3 ) t o m i n i m i z e t h e n e e d f o r r e s c u e a n d r e l i e f e f f o r t s
a s s o c i a t e d w i t h f l o o d i n g a n d g e n e r a l l y u n d e r t a k e n a t
t h e e x p e n s e o f t h e g e n e r a l p u b l i c ;
( 4 ) t o m i n i m i z e p r o l o n g e d b u s i n e s s i n t e r r u p t i o n s ;
( 5 ) t o m i n i m i z e d a m a g e t o p u b l i c f a c i l i t i e s a n d u t i l i t i e s
s u c h a s w a t e r a n d g a s m a i n s , e l e c t r i c , t e l e p h o n e a n d
s e w e r l i n e s , s t r e e t s a n d b r i d g e s l o c a t e d i n f l o o d
p l a i n s ;
( 6 ) t o h e l p m a i n t a i n a s t a b l e t a x b a s e b y p r o v i d i n g f o r t h e
s o u n d u s e a n d d e v e l o p m e n t o f f l o o d p r o n e a r e a s i n s u c h a
m a n n e r a s t o m i n i m i z e f u t u r e f l o o d b l i g h t a r e a s ; a n d ,
2
i
i
(7) to insure that potential home buyers are notified that
property is in a flood area.
ICLE 2. DEFINITIONS
ss specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they
have in common usage and to give this ordinance its most reasonable
application.
"Appeal" means a request for a review of the Town Clerk's interpre-
of any provision of this ordinance or a request for a varianc
"Area of special flood hazard" is the land in the flood plain within
a community subject to a one percent or greater chance of flooding
in any given year.
"Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given year.
"Breakaway walls" mean any type of walls, whether solid or lattice,
and whether constructed of concrete, masonry, wood, metal, plastic,
Ilor any other suitable building material, which are not part of the
';structural support of the building and which are so designed as to
breakaway, under abnormally high tides or wave action, without damage
to the structural integrity of the building on which they are used
or any buildings to which they might be carried by flood waters.
l "Coastal High Hazard Area" means the area subject to high velocity
j --
waters, including, but not limited to, hurricane wave wash or tsunami
;The area is designated on a FIRM as Zone V1 -30.
j "Development" means any man -made change to improved or unimproved
real estate, including, but not limited to, buildings or other
lstructures, mining, dredging, filling, grading, paving, excavation
for drilling operations.
"Flood "or "flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface
waters from any source.
Flood Hazard Boundary Map (FHBP)" means an official map of a com-
ty, issued by the Federal Insurance Administration, where the
ies of the areas of special flood hazard have been designated
Zone A.
Flood Insurance Rate Map (FIRM)" means an official map of a com-
ty, on which the Federal Insurance Administration has delineated
the areas of special flood hazard and the risk premium zones
to the community.
Flood Insurance Study" is the official report provided by the
Insurance Administration. The report contains flood
files, as well as the Flood Hazard Boundary - Floodway Map and
water surface elevation of the base floor.
"Habitable floor" means any floor usable for living purposes, which
ludes working, sleeping, eating, cooking or recreation, or a
ination thereof. A floor used only for storage purposes is
a "habitable floor"
stand" means an assemblage of mangrove trees which is
mostly low trees noted for a copious development of interlacing
adventitious roots above the ground and which contain one or more
j,bf the following species: black mangrove (Avicennia Nitida); red
mangrove (Rhizophora Mangle); white mangrove (Languncularia
Racemosa); and buttonwood (Conocarpus Erecta).
"Mean sea level" means the average height of the sea for all stages
of the tide.
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of this
ordinance.
' "Sand dunes" mean naturally occurring accumulations of sand in
ridges or mounds landward of the beach.
"Start of construction" means the first placement of permanent
construction of a structure on a site, such as the pouring of
ij
i�
I'.
II 4
I
;I
r
I'
slabs or footings or any work beyond the stage of excavation,
including the relocation of a structure. Permanent construction
es not include the installation of streets and /or walkways;
r does it include excavation for a basement, footings, piers
foundations or the erection of temporary forms; nor does it
clude the installation on the property of accessory buildings,
as garages or sheds not occupied as dwelling units or not
part of the main structure. For a structure without a basement
poured footings, the "start of construction" includes the first
t framing or assembly of the structure or any part thereof
on its piling or foundation.
"Structure" means a walled and roofed building that is principally
above ground.
"Substantial improvement" means, for a structure built prior to
the enactment of this ordinance, any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
fifty percent of the market value of the structure either, (1)
before the improvement or repair is started, or (2) if the structure
has been damaged and is being restored, before the damage occurred.
:For the purposes of this definition "substantial improvement" is
J
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the
structure. The term does not, however, include either (1) any
;project for improvement of a structure to comply with existing
,state or local health, sanitary, or safety code specifications
'which are solely necessary to assure safe living conditions, or
(2) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
"Variance" is a grant of relief to a person from the requirements
of this ordinance which permits construction in a manner otherwise
5
prohibited by this ordinance where specific enforcement would result
lin unnecessary hardship.
(ARTICLE 3. GENERAL PROVISIONS
ISECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
(This ordinance shall apply to all areas of special flood hazard
lwithin the jurisdiction of the Town of Gulf Stream.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Insurance Administraction in its Flood Insurance Rate Map (FIRM),
#125109B, dated September 26, 1975, and any revisions thereto are
adopted by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHING OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the
provisions of this ordinance.
SECTION D. COMPLIANCE
11 No structure or land shall hereafter be located, extended, con-
" verted or structurally altered without full compliance with the
�iterms of this ordinance and other applicable regulations.
IISECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this ordinance and another conflict or overlap, whichever
I
imposes the more stringent restrictions shall prevail.
ISECTION F. INTERPRETATION
In the interpretation and application of this ordinance all provisions
�I
I
i 6
rshall be: (1) considered as minimum requirements; (2) liberally
i
;iconstrued in favor of the governing body; and, (3) deemed neither
11,to limit nor repeal any other powers granted under state statutes.
ION G. WARNING AND DISCLAIMER OF LIABILITY
degree of flood protection required by this ordinance is con-
reasonable for regulatory purposes and is based on scientific
d engineering considerations. Larger floods can and will occur on
re occasions. Flood heights may be increased by man -made or
tural causes. This ordinance does not imply that land outside the
eas of special flood hazard or uses permitted within such areas
Twill be free from flooding or flood damages. This ordinance shall
,
,,not create liability on the part of
�
or by any officer or employee thereof for any flood damages that
11 result from reliance on this ordinance or any administrative decision
1
illawfully made thereunder. i
;I
I
,SECTION H. PENALTIES FOR VIOLATION
I.
I- Violation of the provisions of this ordinance or failure to comply
�with any of its requirements, including violation of conditions and
'safeguards established in connection with grants of variance or
,,special exceptions, shall constitute a misdemeanor. Any person who
violates this ordinance or fails to comply with any of its require-
i
emnts shall, upon conviction thereof, be fined not more than $100.00
or imprisoned for not more than 30 days, or both, and in addition
shall pay all costs and expenses involved in the case. Each day
such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the Town of Gulf Stream from
taking such other lawful action as is necessary to prevent or remedy
any violation.
ARTICLE 4. ADMINISTRATION
SECTION A. DESIGNATION OF TOWN CLERK AS LOCAL ADMINISTRATOR
,The Town Clerk is hereby appointed to administer and implement the
provisions of this ordinance.
7
I�
Ii
SECTION B. DUTIES AND RESPONSIBILITIES OF THE TOWN CLERK AS LOCAL
ADMINISTRATOR
IlDuties of the Town Clerk shall include, but not be limited to:
it (1) Review all development permits to assure that the
permit requirements of this ordinance have been
II satisfied.
(2)
Advise permittee that additional federal or state permits
may be required, and if specific federal or state permits
,I
are known, require that copies of such permits be provi-
ded and maintained on file with the development permit.
(3)
Verify and record the actual elevation (in relation to
mean sea level) of the lowest floor (including basement)
of all new or substantially improved structures.
II (4)
i
Verify and record the actual elevation (in relation to
imean
sea level) to which the new or substantially
I
i
improved structures have been flood- proofed.
I
(5)
In Coastal High Hazard Areas certification shall be
obtained from a registered professional engineer or
II
iI
architect that the structure is securely anchored to
adequately anchored pilings or columns in order to
withstand velocity waters and hurricane wave wash.
(6)
In Coastal High Hazard Areas, the Town Clerk shall review
plans for the adequacy of breakaway walls in accordance
with Article 5, Section B(5)(h).
(7)
When flood - proofing is utilized for a particular
structure, the Town Clerk shall obtain certification from
a registered professional engineer or architect.
(8)
Where interpretation is needed as to the exact location
of the boundaries of the areas of special flood hazard
(for example, where there appears to be a conflict between
a mapped boundary and actual field conditions) the Town
Clerk shall make the necessary interpretation. The
person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation
li
as provided in this article.
�I
Ii
8
i
(9) All records pertaining to the provisions of this
ordinance shall be maintained in the office of the
Town Clerk and shall be open for public inspection.
ION C. PERMIT PROCEDURES
Application for a Development Permit shall be made to the Town Clerk
on forms furnished by him and may include, but not be limited to,
the following plans in duplicate drawn to scale showing the nature,
location, dimensions,.and elevations of the area in question;
existing or proposed structures, fill storage of materials; drainage
facilities, and the location of the foregoing.
following information is required:
(1)
(2)
(3)
(4)
�I
'j
�ISECTION D.
i
u (1)
(2)
Specifically, the
Elevation in relation to mean sea level of the lowest
floor (including basement) of all structures.
Elevation in relation to mean sea level to which any
non - residential structure has been flood - proofed.
Provide a certificate from a registered professional
engineer or architect that the non - residential flood -
proofed structure meets the flood - proofing criteria
in Article 5, Section B(2).
Description of the extent to which any watercourse will
be altered or relocated as a result of proposed
development.
VARIANCE PROCEDURES
The Town Commission, sitting as the Zoning Board, shall
hear and decide appeals and requests for variances from
the requirements of this ordinance.
The Zoning Board shall hear and decide appeals when it
is alleged there is an error in any requirement, decision,,
I
or determination made by the Town Clerk in the enforcement
of administration of this ordinance.
(3) Any person aggrieved by the decision of the Zoning Board
or any taxpayer may appeal such decision to the Circuit
Court of the Fifteenth Judicial Circuit of the State of
Florida, as provided in
0
i,
d
(4) variances may be issued for the reconstruction, rehabili-
tation or restoration of structures listed on the National
Register of Historic Places or the State Inventory of
Historic Places without regard to the procedures set
forth in the remainder of this section.
(5) In passing upon such applications, the Zoning Board shall
consider all technical evaluations, all relevant factors,
standards specified in other sections of this ordinance,
and:
(a) the danger that materials may be swept onto other
lands to the injury of others;
(b) the danger to life and property due to flooding
or erosion damage;
(c) the susceptibility of the proposed facility and
li its contents to flood damage and the effect of such
damage on the individual owner;
i
(d) the importance of the services provided by the
li proposed facility to the community;
(e) the necessity to the facility of a waterfront
location, where applicable;
(f) the availability of alternative locations, not
j subject to flooding or erosion damage, for the
!i I
proposed use;
(g) the compatability of the proposed use with existing
and anticipated development;
I
ii(h) the relationship of the proposed use to the com-
prehensive plan and flood plain management program
for that area;
I' I
It
(i) the safety of access to the property in times of
i
flood for ordinary and emergency vehicles;
(j) the expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters and
II
I� the effects of wave action, if applicable, expected
Ii at the site; and,
.i
10
I,
(k) the costs of providing governmental services
during and after flood conditions including
maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
(1) Generally, variances may be issued for new
construction and substantial improvements to
be erected on a lot of one -half acre or less in
size contiguous to and surrounded by lots with
existing structures constructed below the base
flood level, providing items (a - k) have been
fully considered. As the lot size increases
beyond the one -half acre, the technical justifica-
tion required for issuing the variance increases.
(6) Upon consideration of the factors listed above and the
purposes of this ordinance, the Zoning Board may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
(7) Conditions for Variances
(a) Variances shall only be issued upon a determination
that the variance is the minimum necessary, con-
sidering the flood hazard, to afford relief.
(b) Variances shall only be issued upon (i) a showing
of good and sufficient cause; (ii) a determination
that failure to grant the variance would result in
exceptional hardship to the applicant; and, (iii)
a determination that the granting of a variance
will not result in increased flood heights, addi-
tional threats to public safety, extraordinary
Public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with
existing local laws or ordinances.
11
r
(c) Any applicant to whom a variance is granted shall
be given written notice specifying the difference
between the base flood elevation and the elevation
to which the structure is to be built and stating
that the cost of flood insurance will be commensu-
rate with the increased risk resulting from the
reduced lowest floor elevation.
(d) The Town Clerk shall maintain the records of all
appeal actions and report any variances to the
Federal Insurance Administration upon request.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazard the following provisions are
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral
movement of the structure.
(2) All new construction and substantial improvements shall
be constructed with materials and utility equipment
resistant to flood damage.
(3) All new construction or substantial improvements shall
be constructed by methods and practices that minimize
flood damage.
(4) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system.
(5) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems
into flood waters.
(6) On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
(7) Any alteration, repair, reconstruction, or improvements
to a structure on which the start of construction was
12
begun after the effective date of this ordinance, shall
meet the requirements of "new construction" as contained
in this ordinance.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazard where base flood elevation data
has been provided as set forth in Article 3, Section B, or Article 4,
Section B (11), the following provisions are required:
(1) Residential Construction - New construction or substantial
improvement of any residential structure shall have the
lowest floor, including basement, elevated to or above
base flood elevation.
(2) Non - residential Construction - New construction or sub-
stantial improvement of any construction other than
residential shall either have the lower floor, including
basement, elevated to the level of the base flood elevation
I
or, together with attendant utility and sanitary
facilities, be flood - proofed so that below the base flood j
I
level the structure is water tight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall certify
that the standards of this subsection are satisfied. Such
certification shall be provided to the official as set
forth in Article 4, Section C(3).
(3) Coastal High Hazard Areas (V Zones) - Located within the
areas of special flood hazard established in Article 3,
Section B, are areas designated as Coastal High Hazard
Areas. These areas have special flood hazards associated
with high velocity waters from tidal surge and hurricane i
wave wash, therefore, the following provisions shall apply:
(a) All buildings or structures shall be located landwardl
of the reach of the mean high tide.
(b) All buildings or structures shall be elevated so
that the lowest supporting member is located no
I
13 I
lower than the base floou elevation level, with all
space below the lowest supporting member open so as
not to impede the flow of water, except for break-
away walls as provided for in Article 5, Section
B (5) (h) .
(c) All buildings or structures shall be securely
anchored on pilings or columns.
(d) Pilings or columns used as structural support shall
be designed and anchored so as to withstand all
applied loads of the base flood flow.
(e) Compliance with provisions contained in Article 5,
Section B(5)(b), (c) and (d) shall be certified to
grove stands which would increase potential flood
damage.
(h)
by a
registered
professional
engineer or architect.
(f)
There
shall be
no fill used
as structural support.
(g)
There
shall be
no alteration
of sand dunes or man-
grove stands which would increase potential flood
damage.
(h)
Breakaway walls shall be allowed below the base flood
elevation provided they are not part of the struc-
tural support of the building and are designed so as
to breakaway, under abnormally high tides or wave
action, without damage to the structural integrity of
the building on which they are to be used and pro-
vided the design specifications as determined by the
Town's Consulting Engineer are met.
(i)
If breakaway walls are utilized, such enclosed space
shall not be used for human habitation.
(j)
Prior to construction, plans for any structure that
i
will have breakaway walls must be submitted to the
Town's Consulting Engineer for approval.
I
(k)
Any alteration, repair, reconstruction or improvement'
to a structure started after the enactment of this
ordinance shall not enclose the space below the
I
lowest floor unless breakaway walls are used as I
provided for in Article 5, Section B(5)(h) and (i).
(4) Mobile Homes - No mobile home is permitted within any
i
zoning category in the Town of Gulf Stream.
i
i
14
ii
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage.
(2) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
(4) Base flood .elevation data shall be provided for sub-
division proposals and other proposed development which
is greater than the lesser of fifty lots or five acres.
ICLE 6. SEVERABILITY
any article, section, sub - section or phrase of this ordinance is
any reason declared invalid or unconstitutional by a Court of
ompetent jurisdiction, such decision shall not affect the validity
f the remaining portions of this ordinance.
ICLE 7. INCONSISTENT ORDINANCES
ordinances or parts of ordinances inconsistent with this ordinance
hereby repealed to the extent of such inconsistencies.
IiARTICLE 8. I
'iThis ordinance shall take effect upon its passage and approval, as
provided by law.
PASSED AND ADOPTED ON �'nQ READING THIS DAY
OF " , A. D., 1978. /
.APPROVED: �•L "�!� '� /"
Mayor
�CCLU 1�, ( 611�
L5
gown of G'3If Stream
246 Sea Road
Gulf Stream, Fla. 33444