HomeMy Public PortalAbout04/13/1957Minutes of the Regular Monthly
Meeting of the Town Commission
of the Town of Gulf Stream,
Florida
Held: April 13, 1957
Present: Mayor Commissioner
Vice Mayor Commissioner
commissioner
Commissioner
Corrm7issi one r
Town Attorney
Deputy Town Clerk
L. Seton Lindsay
Stewart B. Iglehart
Henry V. Pope
Wm. F. Koch, Jr.
Curtis H.Dodson
Henry Lilienthal
J.R.Fountain
Also in attendance: Mr. William LaPorte and Mr. John G. Hart.
The minutes of the regular monthly meeting held on
March 9, 1957 were read, approved and adopted.
The minutes of the Special Meeting held oni,!arch, 19,
1957 were read, approved and adopted.
The minutes of the meetings of the Commissioners sitting
as a Board of Equalizers-held on March 19, 20 and 21, 1957
were read, approved and adopted.
Mr. Iglehart made a motion that the regular order of
business be dispensed with. After a second by Mr. Pope the
motion carried unanimously.
Mr. Dodson gave his report on building and zoning and
the type ordinances adopted by several South Florida communi-
ties. He stated that Coral Gables, Miami Shores and Palm
Beach do not endeavor to stop all construction work during
the months of December through March. Coral Gables does
prohibit use of noisy machinery near residential areas, apart-
ment houses and hotels from 5 p.m. until 8:30 a. m. Miami
Shores Village has a similar ordinance. Palm Beach restricts
the use of noisy machines near apartments and hotels from
December 1st through March 31st and prohibits the use of
steam rollers, skill saws, air hammers, etc. before 9 a.m.
in the morning and after 5 p.m. after a complaint by a
neighbor has been filed.
Mr. Dodson said that none of the municipalities en-
deavored to stop construction during the season.
Mayor Lindsay thanked Mr. Dodson for his fine report.
Mayor Lindsay discussed the present zoning ordinance
of the Town (Section VI subsection E) which prohibits the
issuance of building permits from December lst until April
1st, and further, endeavors to restrict construction during
this same period. The Mayor then read portions of the
Page 2
Supreme Court of Florida case, Town of Bay Harbor Islands,
at al v. Schlapik 57 So. 2nd 855, wherein Justice Thomas
stated in a unanimous opinion that even in an unclear or-
dinance which restricted construction work in the Town of
Bay Harbor Islands, Florida, its terms, if given the in-
terpretation desired by the municipality would be so harsh
as to make the forebearance forced on the property owner
entirely out of proportion to any benefit redounding to the
public. Strict adherance to the ordinance would clash with
the right of the property owner's full enjoyment of his
property. The court held that the Town could not prevent
improvement of property during the months December through
March unless the welfare of the people outweighs the con-
stitutional guarantees of the owner.
Mayor Lindsay then gave an example of a Town ordinance
which was upheld by the Supreme Court of Florida. This
ordinance restricted the use of noisy implements and machines
during certain periods of the day and night.
Mayor Lindsay explained the Commissionerts actions
under the Town's ordinance and stated that the Commissioners
acted justifiably in lieu of the decision rendered in these
two cases. He then asked Mr. LaPorte and Mr. Hart for their
opinions. They both said that the answer was in the decisions
of the Florida Supreme Court in the two cases mentioned.
Mayor Lindsay asked Mr. Pope whether or not he was con-
templating plotting the size of the lots in the new plats,
more than 1001 facing on roadways? Mr. Pope said that some
lots would be over 1001. However, he was encouraging pros-
pective purchasers of the lots to buy 1501 and 2001.
Mr. Hart said it seemed unfair to force new people coming
into Gulf Stream to purchase more land for their homes than
the property owners across the street had purchased.
Mr. Koch made a motion that this discussion be tabled
until a subsequent meeting. Mr. Pope seconded and it
passed unanimously.
The Town Clerk reported bank balances as of March 31,
1957 as follows:
General Fund 018, 439.01x.
Water Fund 3,227.75
Reserved Dep. Fund 6,581.63
Payments from the General Fund during March r 1957 were
on checks numbered .39' through 59 and totaled $2,490.22. The
checks on the Water Fund were on #100 through #105 and totaled
$504.17. No checks were drawn on the Reserve Depreciation
Fund. All of the above payments were unanimously approved.
Mr. Koch stated that he had studied the feasibility of
the Town purchasing a fire truck that could be used by pumping
Page 3,
water from the canal or lagoon. He said that he and Mr. Pope
agredd that it would not be wise for the Town to purchase and
endeavor to use a fire truck at the present time for the
following reasons:
1. Must have several experienced firemen man the
truck.
2. The men must be available at all times, day and
night.
3. Need a place to store truck and equipment.
4, The hose and other materials deteriorate quickly
in this climate. Rats destroy the hose.
Mr. Koch made a motion, which was seconded by Mr. Pope,
that the Town of Gulf Stream renew their fire contract with
the City of Boynton Beach. The motion carried unanimously*
Mayor Lindsay explained that the Town was losing money
on the trash pick -up service. He said that in view of the
fact that the Town has no garbage pick -up charge, as found
in most other nearby communities, that it was justifiable
for the Town of Gulf Stream to assess the residents for
hauling away their trash. Mr. Dodson moved that the Town,
after April 30, 1957, charge the property owner or resident
$3.00 for any amount less than a half load and $5.00 any
amount from a half load to a full load. Mr. Koch seconded.
The motion carried unanimously.
Mayor Lindsay explained that the Town now has in its
employ only two policemen since Mr. Mayfield resigned earlier
than anticipated. He said that due to the lateness of the
season that he and Chief Roy Cowart decided it best to con-
tinue with just two policemen for the remainder of this year.
He added that if there was sufficient funds available, and
the people wanted an additional policeman, the Commissioners
would consider hiring another man next December.
After a discussion regarding the Oldsmobile owned by
the Town, it was decided unanimously by the Commissioners
to retain this car, get it in good running condition, and
use it as and when necessary.
The proposed budget for the fiscal year beginning October
1,1957 and ending September 30, 1958 was read. Mr. Pope
moved that the budget be approved and adopted, as read, and
that it be made a part of these minutes. Mr. Koch seconded
and the motion carried unanimously.
(minutes of meeting of April 13, 1957) Page 4.
Mr. Koch said that he had talked with an official of the
State Road Board and this person had assured Mr. Koch that
State prisoners could be used to pick up trimmings from
trees on ALA. He said they would not do any of the pruning
or cutting. Mr. Koch said he would contact this man later
and find out when they could do this work.
Mayor Lindsay explained that he had talked with several
residents of Gulf Stream, to some members of the Golf Club,
and to Harry Purdom, and that he had nothing but praise
for the Golf Club for their very satisfactory water service.
A motion was made, seconded and passed unanimously to
have J. R. Fountain send a letter to the men in the Office
of the Palm Beach County Mosquite Control, with a copy to
County Commissioner Sundyt thanking them for their diligent
work in aleviating the mosquito menace this past season.
An ordinance #112 and titled:
AN ORDINANCE OF THE TOWN OF GULF STREAMS
IN PALM BEACH COUNTY9 FLORIDAS MAKING IT
UNLAWFUL FOR ANY PERSON TO THROW OR DIS-
CARD FROM ANY AUTOMOBILE OR VEIiICLES OR
OTHERVISE TO DISCARDS THROW OR DEPOSIT
ANY REFUSEv OR ANY OTHER THING OR SUB-
STANCE ON THE STREETS, ROADS OR HIGHWAYS
IN THE TOWN OF GULF STREAMS OR ON THE
PROPERTY ADJOINING SUCH STREETS ROAD OR
HIGHWAY: AND PROVIDING PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE: AND PROVID-
ING THAT THIS ORDINANCE SHALL BECOME
EFFECTIVE IMMEDIATELY UPON ITS PASSAGE,
was read in full on second and final reading. Upon motion
by Mr. Pope and seconded by Mr. Dodson it was unanimously
voted that the above read ordinance be adopted.
The proposed resolution was read:
Resolution #468
BE IT RESOLVED that all REAL property in the Town of
Gulf Streams Florida be assessed at the rate of FOURTEEN
(14) mills for the taxable year of 1957. The Deputy Town Clerk
is hereby authorized to levy the tax of FOURTEEN (14) mills
on each and every taxable piece of propexty within the
Town limits of Gulf Streams Florida for the taxable year
of 1957.
Mr. Pope made a motion that the above resolution #468
be adopted. After a second by Mr. Koch it passed unanimously.
(minutes of meeting of April 13, 1957) Page 5
There being no further business the meeting was
adjourned.
ATTEST:
E untain, Deputy Town-71-e-rTE
COMMISSIONER) C R. S H. DODSON
FINANCIAL REPORT
FOR APRIL, 1957
WARER REPORT:
Master Meter 3,149;900 gals.
Individual Meters 3,728,000 "
WATER FUND:
Balance -March 31, 1957
$
3;227.75
Deposits - April, 1957
Taxes
1,124.40
Checks Drawn April, 1957
30.00
518.20
Balance on April 30, 1957
Permits
3733.95
GENERAL FUND:
2.00
Balance - March, 1957
18,439.04
Deposits- April, 1957
481.60
Checks Drawn - April, 1957
3.7 5.48
Balance on April 3@, 1957
Reserve Depreciation Fund:
No deposits- No checks Drawn
Balance Remains - April 30, 1957
$
61581.63
MONIES RECEIVED: APRIL, 1957:
Water
11052.40
Trash
72.00
Taxes
348.60
Licenses
30.00
Fines
45.00
Permits
56.00
Other
2.00
CHECKS DRAWN ON WATBR FUND- APRIL, 1957:
#106 4/10 icard Chemical - $ 16.00
107 4/17 bul.f Stream Golf Club 502.20
5177-720
CHECKS DRAWN ON GENERAL FUND- April,
1957:
#60
4/1
Bo -Del Printing
$ 34.15
61
XMX*XWXMXXX4 Southern Bell
18.07
62
Delray Machine Shop
10.40
63
Delray Book Shop
3.19
64
4/2
Roy Cowart
19.00
65
4/4
OASI
239.13
66
9 $d
Void
Void
67
E.Glass
46.67
68
S.T.Scott
43.01
69
OASI
4.78
70
Internal Revenue Service
352.20
71
City of Delray Beach
62.00
72
Howard W. Smith
16.00
73
Advanced Secretariat
36.47
74
Colony Cleaners
18.65
75
Standard Oil
2.92
76
Ocean BlvP. Service Station
9.50
77
4/10
Boyd's Body Shop
7.50
78
4/12
E.Glass
46.68
79
S.T.Scott
43.01
80
Fla. Power & Light
79.82
81
4/17
Gulf Stream Golf Club (gas)
163.71
82
4/22
E.Glass
46.67
83
4/25
S.T.Scott
43.01
84
4/17
City of Boynton Beach (Fire Contract)
11200.00
85
4/22
Pitts Car Rentals
76.37
86
4/25
E.Glass
46.68
87
S.T.Scott
43.01
88
4/30
Roy Cowart
334.68
89
Melton Partin
259.25
90
R.Rountain
334.52
91
E.Fountain
70.01
92
Ike "Dalton
5.00
93
Delray Book Shop
4.90
94
Southern Bell Telephone
14.52