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HomeMy Public PortalAbout05/10/1979COMMISSION MEETING MAY 10, 1979 PRESENT: WILLIAM F. KOCH MAYOR LINDLEY S. BETTISON COMMISSIONER EVANS M. CLEMENTS COMMISSIONER ABSENT: JOAN S. LAPORTE VICE MAYOR JOELHUNTER COMMISSION Also attending: Attorney John Randolph, Manager, William Gwynn, Deputy Town Clerk, Barbara Gwynn, Brian Pfeifler,and Police Chief, William McQuade. The Meeting was called to order by Mayor Koch at 9 A.M. Upon motion by Commissioner Bettison, seconded by Commissioner Clements the Commission approved the minutes of the regular meeting April 8, 1979. Financial Report for the month of April was submitted and accepted by the Commission. Upon motion by Commissioner Clements, seconded by Commissioner Bettison the Commission accepted the quarterly report for the period October 1, 1978 thru March 31, 1979. The following summarization of the Police Report for the month of April, 1979 was submitted to the Commission. MILEAGE DAYS HOURS CALLS WARNINGS. Sgt. Reardon 877 21 168 14 0 C. M. Bunner 1349 22 176 21 0 Sgt. Burgess 1106 21 178 27 0 L. Tremitiedi 1135 21 168 22 3 W. E. Howse 1114 19 152 13 0 D. Tinkham 1440 21 168 20 0 J. Everett 390 5 40 3 0 James Brown 776 13 104 20 0 8187 143 1154 140 3 In a letter to the Town Commission Dr. Maurice F. Draye requested that something be done to reduce speeders as they approach the curve on Cardinal Circle. Police Chief McQuade reported he had discussed this with Dr. Draye and found most of the problem in this area was caused by construction traffic, he also stated a number of warnings had been issued to residents as well as outsiders and will continue to do so. The Commission instructed Chief McQuade to drop the speed limit in that area to 10 miles and to notify all construction crews presently working in Place Au Soleil to slow down. 2. COMMISSION MEETING, MAY 10, 1979 Cont. On motion by Commissioner Clements, seconded by Commissioner Bettison the Commission unanimously approved placing proposed Ordinance 79 -6 on FIRST READING. ORDINANCE 79 -6 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, DECLARING THE INTENT OF THE TOWN OF GULF STREAM, FLORIDA, TO PLAN WITHIN ITS MUNICIPAL BOUNDARIES AS REQUIRED BY THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975. On motion by Commissioner Bettison, seconded by Commissioner Clements the Commission unanimously approved placing proposed Ordinance 79 -7 on FIRST READING. ORDINANCE 79 -7 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, DESIGNATING THE TOWN COMMISSION AS THE LOCAL PLANNING AGENCY FOR PURPOSES OF REVIEWING THE TOWN'S COMPREHENSIVE PLAN, HOLDING PUBLIC HEARINGS IN REGARD THERETO, AND TO CARRY OUT ALL ACTIVITIES DESIGNATED BY STATE STATUTE OF THE LOCAN PLANNING AGENCY. The Commission instructed the Local Planning Board to conduct a public hearing June 4, 1979 at 5 P.M. for comments on the Town's Comprehensive Plan. The Commission also instructed the Deputy Town Clerk to send copies of the Plan to the appropriate agencies. A letter from Leadership Cablevision was read to the Commission, this letter requested that the cable TV franchise No. 74 -5 under which it operates in the Town of Gulf Stream be amended to permit the company to set the rate charged its customers without the approval of the Town Commission. The Commission declined to relinquish rate regulation completely but after a general dis- cussion Commissioner Clements made a motion that the Commission allow this rate increase, Commissioner Bettison seconded the motion, motion passed. This rate change to take affect June 1, 1979, rate schedule is attaced as part of these minutes. SECOND and FINAL reading of Ordinance 79 -2 was heard by the Commission. Upon motion by Commissioner Clements, seconded by Commissioner Bettison Ordinance 79 -2 was adopted by the Commission ORDINANCE 79 -2 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, REGULATING THE OPERATION OF BOATS WITHIN THE TOWN; PROHIBITING THE USE OF BOATS WITHIN THE TOWN AS A PLACE OF RESIDENCE OR FOR SLEEPING OR LIVING PURPOSES; PROVIDING PROVISIONS FOR MOORING OR ANCHORING; PROVIDING REQUIREMENTS FOR SANITATION. 3. COMMISSION MEETING, MAY 10, 1979 Cont. Second and final reading or Ordinance 79 -3 was heard by the Commission, Upon motion by Commissioner Bettison, seconded by Commissioner Clements Ordinance 79 -3 was adopted by the Commission. ORDINANCE 79 -3 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, RELATING TO GENERAL AND SPECIAL ELECTIONS WITHIN THE TOWN; PROVIDING FOR PROCLAMATION AND NOTICE OF SAID ELECTIONS; PRO- VIDING FOR A QUALIFYING FEE; AND INCORPORATING BY REFERENCE STATE LAWS RELATING TO ELECTIONS. Second and final reading of Ordinance 79 -4 was heard by the Commission. Upon motion by Commissioner Clements, seconded by Commissioner Bettison Ordinance 79 -4 was adopted by the Commission. ORDINANCE 79 -4 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, REPEALING ORDINANCE NO. 120 AND ENACTING A NEW ORDINANCE RELATING TO SOLICITORS, REQUIRING RE- GISTRATION; REQUIRING AND THE ISSUANCE OF A PERMIT; REQUIRING A REGISTRATION FEE; PROVISIONS FOR REVOCATION; PROHIBITED ACTS; EXCEPTIONS; AND PROVIDING FOR A PENALTY. Second and final reading of Ordinance 79 -5 was heard by the Commission. Upon motion by Commissioner Clements, seconded by Commissioner Bettison Ordinance 79 -5 was adopted by the Commission. ORDINANCE 79 -5 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, ADOPTING STATE MISDEMEANORS; PROHIBITING THE COMMISSION OF SAID MISDEMEANORS WITHIN THE TOWN; PROVIDING A PENALTY. Mayor Koch reported on a recent meeting with members of the Place Au Soleil Homeowners Association. A letter from Mr. Jim Briggs, Manager of the Gulf Stream Golf Club was read to the Commission. This letter explains steps to be taken to shield from view the pump house and pressure tank located adjacent to Place Au Soleil, the letter also detailed plans to beautify the banks on the intracoastal waterway. Mayor Koch instructed that copies of this letter be sent to Place Au Soleil Homeowners Association and to the Florida Intracoastal Navigation Department along with a request that they either stop people from dumping on FIND property or give the Town authority to do so. Commissioner Clements requested that the Town Clerk be instructed to have telephone stickers made bearing police, fire and ambulance telephone numbers. These stickers to be distributed to all residents. 4. COMMISSION MEETING, MAY 10, 1979 Cont. The Town Manager was instructed to make a $4,000.00 note payment to the Barnett Bank. Meeting adjourned 10;10 A.M. Mayor Koch reconvened the regular Commission Meeting to take care of the following unfinished business. Upon motion by Commissioner Bettison, seconded by Commissioner Clements the Commission unanimously approved placing proposed Ordinance 79 -8 on FIRST READING. ORDINANCE 79 -8 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING SECTION 29, "RATES" OF ORDINANCE NO. 74 -5 TO PROVIDE FOR AN INCREASE IN THE PERMITTED RATES AND CHARGES TO SUBSCRIBERS TO CABLE TELEVISION SERVICES; PROVIDING AN EFFECTIVE DATE. Meeting adjourned. n. Va Deputy Town Clerk Dr. YLurice F. Draye 2720 Cardinal Circle Place Au Soleil Delray Beady Fla. 33444 April 28, 1979 Mr. William F. Koch Mayor, Gulfstream 545 Golfview Drive Gulfstream, Florida 33444 Dear Bill, I am writing to you at this time to apprise you of a dangerous condition that exists on Cardinal Circle in Place Au Soleil. As you know, the Circle makes a ninety degree turn directly in front of my house. Something must be done to cut down the speed with which some people approach the curve. It seems that the minute some people enter Place Au Soleil, they step on the gas O and travel at a high rate of speed around the curve, { I have seen cars make the curve with two wheels off the ground. Others have come up on my lawn. About six weeks ago, I called the Police to show the tracks on my lawn where all four wheels of a car were plainly visible. Some day, I am afraid some one will lose control of his car and come crashing through my windows. Just this past Tuesday, friends had come to pick us up with their car. We were out on the street in the car headed toward the exit, when a Florida Power and Light truck came barrelling down the street in the left hand lane. Only frantic honking of the horn by my friend, prevented the truck from crashing into us. As it was, he just narrowly missed crashing into us. I have spoken to some of my neighbors about a solution to the excessive speed and they concur with me in this solution. Place a "Speed Bumper" at the head of Cardinal Circle in front of Ed Weaker's house. Another in front of Todd Clement's (just before the turn) and another between my house and Dr. Williams'(to my East). These Bumpers should be placed clear accross the roadway so that there would be no ducking around. This would reduce the speed Page two in both directions. Incidentally Todd Clement has two preschool children who sometimes walk in the street.. I would hate to see s- mething happen to them. In addition, while we are at it, I would suggest that a Bumper he placed on the North side of Avenue Au Soleil., just before turning to make the Exit. There is a STOP sign there now, but many penple ignore the sign and make the turn at a high rate of speed, thus making a wide turn and endangering cars entering Place Au Soleil, I trust that you will give this matter your serious consideration and prompt action before we are faced with a major tragedy. With kindest regards and sincere best wishes. Sincerely, o MAURICE F. DRAYS D.M.D. z 0 z V \„Ma 1� O M W A d v x p W v w Z y 0 c m m LL P O LL u Q o ro 2 a I O w F F U W Q a O F 0 u m A�, H 7 $ E �y m' .s d v c W c m d axa Y ,Q ° IQ w g 0 3 x N � U FC a d �a F m O o dz a cd So C 7 Y �0 • � Y 3 ` d � 0 3 d p E m A c u . m 3 y z u _� o fA 3 a, yT a U V u V c a 8 o d 0 u .x0.+ .9 0 m m d c 0 q A c. 0 i�^ -gym xE Z9 �a vw g a €.,z jOm °� yfdgFtir md1l i M m �cvw ,� g tl � u y F,Y�• c a u L 0o 0 3' c ❑+ a iL u ° C Y U � •� a U O O�1 L � O m o 0 •4 y� � ❑ ep k. 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N W J Z .�NCIJ u1 .D COm 00oD N oO J oO oO OCOOm O ch Nc•1J V mISO ch c ocoo a Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O� O O O O O H .O •D •O •D •D .O cD •D •D •D •D � •D •D .O •O •O .O •D cD •D •D •D .O 10 A J co O N [.1 N w H O F =i0 u C «/uj ) z °o g \j§ /6 z z \�\ j \ / § § g \±< « / » o § 2 .# z � k § k $ \ U 0 z o O z* 2 z55cc 0 �L ° I § \� �Q ZLu \ \ \ \ _ §a �\ ®§ -4 Lu § \o§ / wE) kj< <e � ■� Q2�� ©� -�$ L §§) LLI um � 2 zz �o ƒ g �� � W\ « < �6\ }k �2 > \ /\§ V) x ML 88 -� u �� k #)\ j� X00 u $ §$ § B <00 CL C4 _ ELk < C w U C� \ �� �/\ \ § LU j0z z 0 =U) Enc * 22® §f «o /2 =0 0z \?§ <\ \X§ Wes- oaU) aELU< / }/§ �LU <Oou /! _ =uwU) UV) ORDINANCE NO. 79 -2 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, REGULATING THE OPERATION OF BOATS WITHIN THE TOWN; PROHIBITING THE USE OF BOATS WITHIN THE TOWN AS A PLACE OF RESIDENCE OR FOR SLEEPING OR LIVING PURPOSES; PROVIDING PROVISIONS FOR MOORING OR ANCHORING; PROVIDING REQUIRE- MENTS FOR SANITATION. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA: PROPERTY. Section 1. DISREGARD OF SAFETY OF PERSONS OR It shall be unlawful for any person to operate any watercraft within the Town in a willful or wanton disregard for the safety of persons or property. Section 2. SPEED OF BOATS. �! It shall be unlawful to operate any boat or i !I vessel upon any waterway within the Town at a rate of I' speed which causes or may cause waves to damage docks, wharves, sea walls or boats moored or tied to a dock or u wharf along such waterway. Section 3. REGULATION OF NOISE. It shall be unlawful to operate any watercraft li with an outboard or inboard motor not having properly muffled exhaust within the Town in such manner as to annoy �I or disturb the quiet, comfort or repose of any person in any dwelling or residence or of any person in the vicinity. Section 4. ANCHORING OR MOORING OF VESSELS. i� jNo boat or vessel shall be moored or anchored within the Town for a longer period than twenty -four (24) ! hours in any consecutive t hirty - day period. This Section shall not apply to the permanent docking of boats or vessels to piers which are accessory uses to residential dwelling units or vacant lots within the Town if the vessel is owned by the owner of the residential dwelling unit or vacant lot of which the pier is an accessory use or said vessel is owned by a guest of the owner of the residential dwelling unit or vacant lot and acces- sory dock facility to which the vessel is attached. �� 1 Section 5. USE OF VESSELS AS RESIDENCES PROHIBITED. No boat or vessel shall be used or maintained within the Town as a place of residence or for sleeping or living purposes. For purposes of this section, a "place of residence or for sleeping or living purposes" shall mean the occupation of a vessel for a period greater than twenty - four (24) consecutive hours. Section 6. DISCHARGE OF WASTE FROM VESSELS PROHIBITED. It shall be unlawful for any person to discharge or permit or allow any other person on a vessel under his control or command, to discharge any human or animal excreta from any head, toilet or similar facility on any vessel, or throw, discharge, deposit or leave or cause or permit to be thrown, discharged, deposited or left from any vessel any refuse or matter of any description into the waters of the Town. Section 7. PENALTY. Any person found to be in violation of the terms of this Ordinance shall be fined not less than TWENTY -FIVE ($25.00) DOLLARS nor more than ONE HUNDRED ($100.00) DOLLARS for each violation occurring hereunder. A separate violation shall occur for each day a violation of the terms hereof shall occur and any person violating the terms of this Ordinance shall be penalized for each violation separately. PASSED AND ADOPTED ON Second READING THIS 10th DAY OF ATTEST: ALy , A.D., 1979. own Clerk Town of Gulf Stream 216 Sea fload Gulf Sb*ikH" , ,F,L��. 33444 r ORDINANCE NO. 79 -3 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, RELATING TO GENERAL AND SPECIAL ELECTIONS WITHIN THE TOWN; PROVIDING FOR PROCLAMATION AND NOTICE OF SAID ELECTIONS; PROVIDING FOR A QUALIFYING FEE; AND INCORPORATING BY REFERENCE STATE LAWS RELATING TO ELECTIONS. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, as follows: Section 1. PROCLAMATION OF ELECTIONS. It shall be the duty of the Mayor of the Town to issue his proclamation announcing every election, both general and special, which proclamation shall be published at least thirty (30) days prior to each election in some newspaper of general circulation in the Town, or posted during such period Of time at the Town Hall. Section 2. QUALIFICATIONS. No person shall be eligible to any elective office of the Town unless he shall be a registered voter and resident of the Town of Gulf Stream. Section 3. FILING - REQUIREMENTS AND DATE Any candidate seeking election as Town Commissioner shall file with the Town Clerk a written notice to such effect by filing his name and address not more than forty -five (45) days nor less than twenty (20) days prior to the election date. Such notice shall be accompanied by a petition signed by at least four (4) registered voters of the Town. Section 4. QUALIFYING FEE. Any qualified candidate seeking election as a Commissioner of the Town shall pay filing fee of $5.00, which shall be paid at the time of notice of candidacy. Section 5. ABSENTEE VOTING The absentee voting provisions of Chapter 101, Florida Statutes, 1973 as Amended, are hereby adopted as a g means of providing for absentee voting in any authorized election �Iwithin the Town of Gulf Stream. i !i y i Section 6. STATE LAW TO GOVERN ELECTIONS: EXCEPTIONS. Except as otherwise provided in this Code and other Ordinances of the Town, all elections in the Town shall be controlled, held and conducted, as far as practicable I according to the provisions of the laws of the State governing general State elections and the Florida Election Code, Florida Statutes Chapters 97'through 104 is hereby adopted by reference except as it may otherwise conflict with the provi- sions of this Code or the Town's Charter. Section 7. AUTHORITY OF TOWN MANAGER AND TOWN CLERK. The Town Manager and Town Clerk are hereby authorized to do all things necessary to provide for the holding of elections as set forth by applicable law, including the expenditure of such sums of money as may be reasonably necessary in connection therewith. Section 8. REPEAL OF CONFLICTING ORDINANCES. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED ON Second READING THIS 10th DAY OF MAYO ATTEST: Town Clerl 1 i I' II I I' YOwn of Gulf Stream 246 Sea Road Gulf Stream, Fla. 33444 , A.D., 1979. ORDINANCE NO. 79 -4 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, REPEALING ORDINANCE NO. 120 AND ENACTING A NEW ORDINANCE RELATING TO SOLICITORS, REQUIRING REGISTRATION; REQUIRING AND THE ISSUANCE OF A PERMIT; REQUIRING A REGISTRATION FEE; PROVISIONS FOR REVOCATION; PROHIBITED ACTS; EXCEP- TIONS; AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, as follows: Section 1. ORDINANCE NO. 120 REPEALED. Ordinance No. 120 of the Town of Gulf Stream is hereby repealed. Section 2. SOLICITOR DEFINED. The term solicitor means a person who goes from door to door visiting multi - family or single - family dwellings for the following purposes: (1) To sell any goods, wares or merchandise or accept subscriptions or orders therefor. (2) To accept or request donations for any charitable purpose. Section 3. REGISTRATION REQUIRED. All persons, before entering into or upon a residen premises within the Town for the purpose of soliciting, shall register with the Town Clerk and furnish the following: (1) The name, local and permanent address, age, weight, height, color of hair and eyes, and any other distinguishing physical characteristics of the applicant. (2) The nature or purpose for which solicita- tions will be made and the nature of the goods, wares and merchandise offered for sale. (3) The name and address of the employer or organization represented. (4) A statement as to whether the applicant I Ihas been convicted of any felony or misdemeanor, and if so, the I nature of the offense, when and where convicted and the penalty or punishment assessed therefor. i (5) The length of time for which the right to do business is desired. Section 4. PERMIT ISSUANCE. Upon furnishing the information required upon j registration, the applicant shall be issued a permit, unless Ij ij the information furnished in compliance with this Chapter !i ii shows the applicant's character or business responsibility 11 to be found unsatisfactory, in which case the Town Clerk shall endorse on such application his disapproval and his reasons for the same. A permit issued under this Chapter shall be good for one (1) year from the date of issuance, unless earlier revoked as provided in this Chapter, or unless issued for a shorter period of time as specified in the license. Every solicitor shall carry his permit with him at all times while i engaged in soliciting within the Town, and shall display the same to any person who shall demand to see the same while he is so engaged. Section 5. PERMIT FEES. A fee of TEN ($10.00) DOLLARS to cover the cost of investigation of the applicant and processing of the applica- tion for a ermit shall be P paid to the Town Clerk when the japplication is filed, and shall not be returnable under any i circumstances. i� Section 6. REVOCATION. The Town Clerk or his designated agent shall revoke any permit issued under this Chapter if he finds that the permitee i� has given false information or has knowingly withheld information j in obtaining the same or upon violation of any provision of this Chapter. !I Section 7. USE OF IDENTIFICATION BY ANOTHER UNAUTHO- RIZED. Ii No identification card issued under the provisions J of this Chapter shall be used at any time by any person other than the one to whom it was issued. II_ I� !I Section 8. PROHIBITED ACTS. No person shall: (1) Enter into or upon a residential premises in the Town under false pretenses to solicit for any purpose or for the purpose of soliciting orders for the sale of goods, wares or merchandise. (2) Remain in or on any residential premises after the owner or occupant has requested any such person to leave. (3) Enter upon any residential premises for soliciting when the owner of occupant has displayed a "no soliciting" or "no peddlers" sign on such premises. (4) Engage in the practice of soliciting in the Town without a permit as provided for in this Ordinance. (5) No solicitation shall occur except during daylight hours and it shall be unlawful to solicit at any time other than daylight hours. (6) it shall be unlawful for any person to solicit on Sundays. Section 9. EXCEPTIONS. The provisions of this Chapter shall not apply to: (1) Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof. (2) Unpaid members of any civic or chari- table organization who are registered as such with the Town Clerk and the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identification with the organization represented. �I (3) Newsboys soliciting subscriptions to any newspaper for home delivery within the Town. �I G (4) Route delivery men who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries. Section 10. PENALTY. Any person violating the provisions of this Chapter, upon conviction thereof, shall be fined in an amount not to exceed ONE HUNDRED ($100.00) DOLLARS for each offense. Each day a violation occurs shall constitute a separate offense. PASSED AND ADOPTED ON Second READING THIS 10th DAY OF May A.D., 1979. MAYOR ATTEST: IN �I Town Clerk i Town of Gulf Stream 246 Sca (toad Gulf Stream, Fla. 3,U44 ORDINANCE NO. 79 -5 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, ADOPTING STATE MISDEMEANORS; PROHIBITING THE COMMISSION OF SAID MISDEMEANORS WITHIN THE TOWN; PROVIDING A PENALTY. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, as follows: Section 1.* ADOPTING STATE MISDEMEANORS. The Town of Gulf Stream, Florida, does hereby adopt the laws of the State of Florida presently in existence, and as they are amended, added to, deleted or changed here- after, relating to misdemeanors as valid and existing ordinances of the Town of Gulf Stream, Florida. Section 2. COMMISSION OF MISDEMEANORS. It shall be unlawful to commit within the corporate limits of the Town of Gulf Stream, Florida, any act which is I. or shall be recognized by the laws of the State of Florida and this Section as a misdemeanor. i� Section 3. PENALTY. Any person, firm or corporation violating any of the provisions hereof shall, upon conviction thereof, be punished as set forth by the laws of the State of Florida relating to misdemeanors and as set forth by the Ordinances of the Town of Gulf Stream, Florida. PASSED AND ADOPTED ON Second READING THIS 10th DAY OF May A.D., 1979. ATTEST: bwn Clerk Town of Gulf Stream 246 Sea Road Gulf Stream, Fla. 33444