Loading...
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