HomeMy Public PortalAbout08/14/1987COMMISSIONERS
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
WILLIAM F. KOCH, JR., Mayor
ALAN I. ARMOUR, Vice Mayor
LAWRENCE E. STAHL
JAMES T. SKELLY, JR.
JAMES E. CROSS
AGENDA
COMMISSION MEETING
AUGUST 14, 1987
1. Roll Call.
MAIL ADDRESS
too SEA ROAD
GULF STRFAM PLORIDA
334673
TEL.'. GULF STREAM
2765116
Town Manager
WILLIAM E. GWYNN
Assistant Town Manager -Town Clerk
BARBARA GWYNN
Chief of Police
JAMES CREEP
2. Approval of Minutes July 17, 1987 and Budget Workshop meeting
July 17, 1987.
3. Financial Report.
4. Police Report.
Status report Re: Gate House - Place Au Soleil.
5. Planning and Zoning Board Report.
1. Site Plan Review
A request from Mr. and Mrs. Wm. Merritt to place a
guest parking lot on the north side of their driveway.
2. Site Plan Review
A request from Mr. C. Duryea, 544 Banyan Road to
construct a spa and pool to existing residence.
6. Discuss the following resolutions.
1. Protection of Sea Turtles.
2. "Citizens for Seven County Commissioners ".
7. Commission Comments /Recommendations.
8. Public Comments /Requests.
9. Adjournment.
TOWN OF GULF STREAM
OPERATING ACCOUNT
Balances 7/31/87 $ 52,704.50
Deposits 44,797.72
Withdrawals 73,811.90
Balances 8/31/87 23,690.32
Receipts
Interest
167,828.23
74.92
Fines
Dredging
438.50
Emergency
Medical Service
275.00
FL Revenue
Sharing
1,361.00
Licenses
122.21
Water
22,864.10
Trash
3,240.00
Half Cent
Sale Tax
1,598.33
Other
750.12
Permits
510.56
County Gas
Tax
1,840.81
Cigarette
Tax
172.86
Transfers
from Police "Boat" Fund
11,549.31
TOTAL $ 44,797.72
Invested Funds
General Fund
167,828.23
Water
61,644.18
Dredging
48,919.78
Sinking
4,354.08
FINANCIAL REPORT (con'd) Page 2
August
1987
#5075
Richard Brandt
Code Enforcement - July
400.(
r 5076
William Gwynn
Acctg., Sec. Serv., Car Allow.,
�.
Water Bills
2,120.(
5077
Earl Harvel III
Meter Reading
385.0
5078
Johnston, Samer,
Randolph & Weaver
4/1/87 to 6/30/87
2,444.:
5079
Max Davis
Paper
132.9
5080
County Sanitation, Inc.
Garbage Collection - August
5,390.(
5081
Bo Del
Printing
50.E
5082
Southern Bell
Telephone
337.1
5083
AT &T
Telephone
1.1
5084
Little Club
Electrical & Drainage Facilities
500.9
5085
City of Delray Beach
Water
635.2
5086
Urdl's
Fountain - Town Hall
1,829.0
5087
Barnett Bank
Payroll
9,303.E
5088
Barnett Bank
Payroll Taxes
4,006.1
5089
Delray Mun. Credit Union
Credit Union
1,117.9
5090
USCM /Def. Comp.
Deferred Compensation
995.0
5091
Gay Howard
Trash Helper
186.0
5092
Ernst & Whinney
Auditors
600.0
5093
Atlantic Refrigeration
Service - Two A/C Units
74.E
5094
Boynton Auto
Police Department
144.2
5095
Bo Del
Commercial Vehicle --
I.D. 1988 Stickers
121.E
5096
Broward Radio
Police Department
80.0
5097
County Sanitation
Computer Charges
2,110.7
5098
C.K.S. Lockshop, Inc.
Police Department
48.9
5099
Doctor's Answering Service
August 1987
65.0
5100
Boca Raton News
Ad
5.0
5101
City of Delray Beach
Water
13,407.E
5102
Delray Blueprint Co.
Building Department
22.0
5103
Easy Pay Tire
Police Department
569.E
5104
Edgar Office Supply
Police Department
90.9
5105
Fairchild - Lowell Corp.
Police Department
19.5
5106
FP &L
Lights
1,709.7
5107
Good Life
Cassette Tapes - Town Hall
59.E
5108
Gulf Products
Gas
2,199.E
5109
Hand's Office Supply
Supplies - Town Hall
126.1
5110
Lanier
Supplies - Town Hall
128.7
5111
Little Club
Drainage Charge
142.E
5112
Pignato- Underwood-
Blundell
Water Computer Forms
144.)
5113
Purity Uniforms
Public Works
120.2
5114
Resource Engineering &
Planning Inc.
Comprehensive Plan
1,741.1
5115
Smith Brothers
Police Department
12.E
5116
Solid Waste Authority
Public Works
66.2
5117
Standard Sanitary
Supplies, Inc.
Cleaning Supplies
52•`
5118
So. Fla. Laundry
Police Department
152.0
5119
Glen A. Sora
Lawn Mower Repair
129.E
5120
Telpage
Pagers -- Police & Public Works
55.0
FINANCIAL REPORT (con't) Page 3
August 1987
#5121
5122
5123
5124
5125
5126
5127
5128
5129
5130
5131
5132
5133
Western Auto
Lee Wilder Plumbing
Southern Bell
Clarence Sova
Ernest Soto
Barnett Bank
Barnett Bank
Delray Mun. Credit Union
USCM /Def. Comp.
IDS Pension Fund
Cash
Richard Brandt
Michael S. Fairley
Public Works
36.
Plumbing Repairs
93.
Telephone
247.
Town Hall Supplies
75.
Reimbursement for School - Police
64.
Payroll
9,731.
Payroll Taxes
4,148.
Credit Union
1,117.
Deferred Compensation
995.
Pension Plan
2,225.
Replenish Petty Cash Box
49.
Code Enforcement
800.
Temporary Help - Public Works
192.
TOTAL
73,811.
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MONTHLY POLICE ACTIVITY REPORT
GULF STREAM POLICE DEPARTMENT
MONTH OF bil3r 1g�Z
REPORTED CRIMES
1. Disorderly Intoxication
2. Verbal Assault
3.
4.
5.
6.
7.
8.
9.
10.
POLICE SERVICE CALLS
1. Suspicious Incidents - 10
2, Civil Assists /Police Service - 4
3, Animal Complaints - 2
4, Traffic Assist - 1
5, Ordinance Violation Warnings - 3
6, Disturbances - 2
7, Information Only - 1
8.
9. '
10.
11.
12.
FALSE ALARM CALLS 62
MEDICAL ASSISTS
FIRE ASSISTS
TOTAL CALLS FOR THE MONTH: 88
INVESTIGATIONS PENDING 0
ACCIDENT INVESTIGATIONS 0
ARRESTS
MISDE11EANOR 0
FELONY 0
DWI 0
TRAFFIC
(CITATIONS)
WARRANTS
37
/CE W. GREEK,
CHIEF OF POLICE
SCHOOLS/EDUCATION
Class Title: Req'd By:
Officer /s:
Date: Hours of Training:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS MAIL ADDRESS
too SEA ROAD
WILLIAM F. KOC H, JR., Mayor
GULF STFLnM, F 4RIOA
ALAN I. ARMOUR, Vice Mayor TOWN COMMISSION MEETING TEL.:0 S M
LAWRENCE E. STAHL 2765116
JAMES T. SKELLY, JR,
JAMES E. CROSS MINUTES Town Manager
WILLIAM E. GWYNN
Ass let ant Town Man agenTown Clerk
AUGUST 14, 1987 BARBARA GWYNN
Chief of Police
JAMES GREER
The meeting was called to order at 9:00 A.M. by Mayor, William F. Koch, Jr.
1. Roll Call
Present: William F. Koch
Allan I. Armour
James E. Cross
James T. Skelly, Jr
Also Present: Richard Brandt
John Buchan
Joyce Conway
James Greer
Barbara Gwynn
William E. Gwynn
Absent: Lawrence E. Stahl
2. Minutes
Mayor
Vice Mayor
Commissioner
Commissioner
Code Enforcement Officer
Captain, Police Department
Appearing for Town Attorney
Chief of Police
Town Clerk
Town Manager
Commissioner
On Motion duly made and seconded the Minutes of the Town Commission Meeting
of July 17, 1987 and the Town Commission Budget Workshop of the same date
were approved.
3. Financial Report
Mr. Gwynn gave the report for the month of July noting tax collection, the
closing of the Boat Account, cash projection and comparison of revenues and
expenditures. On Motion duly made and seconded the Commission accepted the
Financial Report.
4. Police Report
(a) Chief Greer reported on the activities of his department noting a
replacement officer on duty and investigations taking place concerning
matters of concern to residents of the Town.
Discussion on reporting of false alarms ensued.
(b) Gate House - Place Au Soleil
This item was held over to later in the meeting pending Attorney
Randolph's counsel.
Town Co[mission Meeting
August 14, 1987
Minutes
Page Two
\ 5. Planning and Zoning Board Report
1. Site Plan Review. Request from Mr. and Mrs. WM. Merritt to place
a guest parking lot of the north side of their driveway.
On assurance by Mr. Eaton of the Plprming and Zoning Board, that.
the concerned neighbor assents to the parking lot plan, the Coaaission
approved the plan as submitted on Motion duly made and seconded.
2. Site Plan Review. Request from Mr. C. Duryea to construct a spa and
pool to exigt- ng residence.
The Town Commission approved this request on Motion duly made and
seconded. The Mayor abstained from voting.:.
Mrs. Gwynn noted that the Town does not have an Ordinance req ireing
pools to be fenced but that the County of Palm Beach does have such
a requirement e.g. a pool must be enclosed.
6. Discussion on Ordinances and Resolutions
1. Mr. Gwynn read the City of Delray Beach Ordinance entitled:
AN ORDIMKE OF 1 COUNCIL OF i OF 171 BEACH,
FLORIDA, AMENDING CHAPTER 1 r• u r • 1 • •
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FIORIDA BY ENACTING
NEW •a w I IV, "SEA TUR=" (REIATING TO THE PR91ECTION OF
SEA MRTIES), 1« OMWOR LIGHrING IN •«
PROVIDING • • • 1«D' 171 AND PROVIDING AN EFFECrIVE DATE.
Mr. Gwynn also read a letter on the same subject relative to
the Palm Beach County Ordinance.
After discussion of the merits and demerits of the City of Delray
Beach Ordinance and the County Ordinance, it was moved and seconded
that the Connission pass an Ordinance similar to the Delray Beach
Ordinance. At the next meeting a final Ordinance will be read.
2. "Citizens for Seven County Co[missioners"
Mr. Gwynn spoke on a proposal that the County Cbarter.be amended -
to provide a seven member County Co cession said members to be
elected from separate districts. Mr. Gwynn read a Tom of Highland
Beach Resolution entitled:
•• U• 71 ••• 1 1 71 •Y • � •• � «•
••. 1 • 171• • • al 71-+a a :� a • a •
-• 1: • 171 • 1 •« «• «r• � 71• • ••r • •• 1
71 • • 71 • •: 1 Y 171• 71• 1 02 , 71• a. 71•i •
•
ON KIWI'
•' I •: t • 171- 9 11 1 1 • « WW"W al klm •
PEREENSINNSW •
Discussion ensued on the merits of direct representation and on the
drawing of district lines, with the audience participating. in the
discussion.
Town Commission Meeting
August 14, 1987
Minutes
Page Three
6. Discussion on ordinances and Resolutions (continued)
2. on Motion duly made and seconded the Commission approved
a Resolution endorsing the efforts of the "Citizens
for Seven County Commissioners" to establish a referendum
for the purpose as stated above.
Mayor Koch called a recess of the meeting at 9:30 a.m.
The meeting was called to order at 9:40 a.m. by Mayor Koch who referred
the assembly to Item 4 of the Agenda,Status Report re: Gate House - Place
Au Soleil.
Mr. Brandt, speaking for Mr. Dittman on Item 4, gave the position of the Hone
owner's Association on the proposed Gate House. Commissioner Cross spoke on
the need for clarification of the possible responsibilities of the Town, i.e.
maintenance, landscaping and insurance as well as having an "attractive
nuisance" and noting that the proposed building will not function as a police
sub- station.
The Mayor spoke with the Town Attorney who advised a legal procedure for
the residents of Place Au Soleil to follow and this process was discussed.
Assembly participation disclosed a misunderstanding on the part of some
residents who assumed the Gate House would be manned.
After discussion, the Commission suggested that the Hone Owner's Association
of Place Au Soleil write a letter to all of the residents of that community,
said letter to be checked by the Town of Gulf Stream prior to mailing. Said
letter is to explain completely the subject of the proposed Gate House.
Suggestions of a signed petition and /or poll to be taken of the residents
after they have received said letter were offered. No action was taken.
Discussion was held on the need for a means to access F.I.N.D. property and
the various ways in which this might be accomplished i.e. purchase of land,
Golf Club easement, etc.
There being no further business to cone before the Commission the meeting
was adjourn ed at 10:30 a.m.
T erk
MONTHLY POLICE ACTIVITY REPORT
GULF STREAM POLICE DEPARTMENT
( MONTH OF
REPORTED CRIMES
1, Disorderly Intoxication
2. Verbal Assault
3.
4.
5.
6.
7.
8.
9.
10.
POLICE SERVICE CALLS
1,
Suspicious Incidents - 10
2,
Civil Assists /Police Service - 4
3,
Animal Complaints - 2
4,
Traffic Assist - 1
5,
Ordinance Violation Warnings - 3
6,
Disturbances - 2
7,
Information Only - 1
S.
C 9. '
10.
11.
12.
FALSE ALARM CALLS
MEDICAL ASSISTS
CFIRE ASSISTS
TOTAL CALLS FOR TILE MONTH: 88
INVESTIGATIONS PENDING 0
ACCIDENT INVESTIGATIONS 01
MISDEMEANOR
0
FELONY
0
DWI
0
TRAFFIC
(CITATIONS)
37
WARRANTS
1
✓L -4-11
1
MMES W. CREER,
HIEF OF POLICE
Class Title:
Officer /s:
Date:
SCHOOLS /EDUCATION
Rey'd By:
Hours of Training:
19 -17
r
JOHNSTON, SASSER, RANDOLPH & WEAVER, P.A.
ATTORNEYS AND COUNSELORS AT LAW
310 OKEECHOBEE BOULEVARD McNRYF LaarvTMAL
HAPPY A. JOHNSTOIN Q
WEST PALM BEACH, FLORIDA 33402 1902.1952
DOHA
DONALD J BASASSER ER' p, O BOX M HARPY ALLISON JONrvSTON
JO.N C RANDOLRIJ 1595'1983
M. ADAMS WEAVER
ANN MARIE G. REZZONICO (305) 655 0108
JOYCE A. CONWAY
• SDARO Ee911Eleo
MAGITAL L ,AMILY LAWYER 1987
August 12,
Hon. John D. Wessel
Palm Beach County Courthouse
300 N. Dixie Highway, Room
33401
West Palm Beach, Florida
RE: Plorida,GInc., et al. -D Case No. CL-a87-583-
Dear Judge Wessel:
r consideration an original and
I am enclosing for you
three copies of a Stipulation and Voluntary Dismissal in
connection with the captioned case, together with a proposed
order approving the same. I am also enclosing pre- addressed,
stamped envelopes for your convenience.
JCR:blp
Encs.
cc: Barbara Gwynn, Town Clerk
Town of Gulfstream
IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR
PALM BEACH COUNTY. CIVIL ACTION
CASE NO.: CL -87- 583 -AB
TOWN OF GULF STREAM FLORIDA,
a municipal corporation,
Plaintiff,
VS.
DRIVE -IN THEATER OF FLORIDA,
INC., a Florida corporation, and
FLORIDA INLAND NAVIGATION DISTRICT,
Defendants.
STIPULATION AND VOLUNTARY DISMISSAL
COME NOW, the parties to the above - referenced lawsuit and
hereby stipulate as follows:
(1) The TOWN OF GULF STREAM, a municipal corporation,
brought suit against DRIVE -IN THEATER OF FLORIDA, INC. and FLORIDA
INLAND NAVIGATION DISTRICT (F.I.N.D.) alleging that certain
property within the TOWN OF GULF STREAM which was being leased by
DRIVE -IN THEATER OF FLORIDA, INC. from F.I.N.D. was being utilized
in contravention of the TOWN'S Zoning Code and Comprehensive Land
Use Plan.
(2) Thereafter, on or about March 31, 1987, F.I.N.D.
sent DRIVE -IN THEATER OF FLORIDA, INC. written notice of its
intention to terminate the License Agreement formally entered by
and between F.I.N.D. and DRIVE -IN THEATER OF FLORIDA, INC. on or
about May 17, 1985.
(3) DRIVE -IN THEATER OF FLORIDA, INC., acknowledges that
F.I.N.D. has the right to terminate the License Agreement upon
fifteen (15) days written notice in accordance with the terms and
conditions of the License Agreement.
(4) As a result of receipt of the termination notice,
DRIVE -IN THEATER OF FLORIDA, INC. will remove itself from the
premises in accordance with the terms and conditions of the
License Agreement and agrees not to use the property subject
thereof in contravention of the TOWN'S Zoning Code and /or
Comprehensive Land Use Plan.
MSM /66081/1
(5) In consideration of the dismissal of this lawsuit,
each of the parties hereto hereby agrees to release the other from
any and all liability relating to or resulting from the Lease or
License Agreement referenced herein, the use of the property
pursuant thereto, and /or the subsequent termination of same,
except that this document does not release DRIVE -IN THEATER OF
FLORIDA, INC. from any of its obligations to F.I.N.D. under the
License Agreement.
(6) On the basis of the above, the lawsuit brought
against DRIVE -IN THEATER OF FLORIDA, INC. and F.I.N.D. is a
nullity and all issues are moot.
(7) In View of the foregoing, the TOWN OF GULF STREAM
hereby voluntarily dismisses the above - referenced lawsuit against
DRIVE -IN THEATER OF FLORIDA, INC. and F.I.N.D.; each party to bear
their own costs and fees, except as provided by the License
Agreement with respect to the duty of DRIVE -IN THEATER OF FLORIDA,
INC. to indemnify F.I.N.D.
N OF GULF STREAM
ohn C. Randolph, Esq., Town Attorney
Johnston, Sasser, Randolph & Weaver
310 Okeechobee Boulevard
Post Office Drawer M
West Palm Beach, Florida 33402
F. Martin Perry & Associates, P.A.
Northbridge Center, Suite 701
515 North Flagler Drive
West Palm Beach, FLorida 33401
FLORIDA INLAND NAVIGA'T'ION DISTRICT
Marta M. Suarez- Murias, Esq.
Moyle, Flanigan, Katz, FitzGerald,
& Sheehan, P.A.
625 North Flagler Drive
Post Office Box 3888
West Palm Beach, Florida 33402
MSM /66081/2
ORDER
THIS CAUSE, having come before the Court to be heard upon
Stipulation and Voluntary Dismissal signed by all parties
involves, and the Court having considered the said Stipulation and
being otherwise advised in the premises, it is hereby
ORDERED AND ADJUDGED that the above - referenced lawsuit is
hereby DISMISSED.
DONE AND ORDERED, in Chambers in West Palm Beach,
Florida this day of , 1987.
HONORABLE JOHN C. WESSEL
Circuit Court Judge
MSM /66081/3
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. KOCH. JR. Mayor
ALAN I ARMOUR. Vice Mayor
LAWRENCE E. STAHL PLANNING & ZONING BOARD MEETING
JAMES T. SKELLY, JR.
JAMES E. CROSS
August 5, 1987
MAIL ADDRESS
1W SEA ROAD
GULF STREAM, FLORIDA
33444
TEL. GULF STREAM
2765116
Town Manager
WILLIAM E. GWYNN
Assistanl Town Manager -Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER'
The meeting was called to order at 9:00 a.m. by Vice - Chairman Charles E. Eaton.
1. Roll Call
Present: Thomas E. Brandt
Charles E. Eaton
William Lynch
(Mrs.) Joan Orthwein
Also present: Barbara Gwynn, Town Clerk
Richard Brandt, Code Enforcement Officer
Rex Nichols for Mr. and Mrs. Robert Natapow
Mr. Mines for Mr. and Mrs. W. Merritt
Mr. C. Duryea
Mr. and Mrs. R. Natapow
Representation for Mr. W. Behan
Abet: William A. Mayer, Chairman
2. Minutes
On motion duly made and seconded the Minutes of the July 1, 1987 meeting
were approved.
3. Site Plan Review
Request of Mr. and Mrs. Wm. Merritt of 1140 North Ocean Blvd. to review
landscaping of parking area.
The Board approved on motion the plan as submitted with the following change
and subject to the planting of Areca palms in sufficient number to totally shield
that parking area to a height of six feet.
4. Site Plan Review
Request of Mr. C. Duryea of 544 Banyan Road to add a swimming pool and spa
to his property.
The Board approved this request on motion duly made and seconded.
Plalninq' & Zoning- Board Meeting
.august 5, 1961
Minutes
Page TWO
5. Site Plan Review
Request of mr. un. Behan, 3213 Gulf Stream Road, to add a swimming pool
to his property.
i' After discussion of location of pool equipment the Board recommended
approval of this request.
6. Board Member Comments
No specific comments.
7. Comments from the Public
The Vice - Chain called for public comments.
1. The Board acknowledged Mr. Rex Nichols, architect for Mr. and Mrs.
Robert Natapow, who presented a plan for a proposed building site.
a. After extensive discussion of set - back, drainage, elevations
and citing precendent as well as the need for approval of
neighbors, the Board advised Mr. Nichols to apply for a
variance for the front set back. Mr. Nichols will appear before
this Board at the September meeting with final plans.
There being no further business to come before the Board the meeting was adjourned
at 10:15 a.m.
Town Clerk
GULF STREAM GOLF CLUB
GULF STREAM. FLORIDA 33444
August 6, 1987
Mayor William F. Koch, Jr.
Town of Gulf Stream
246 Sea Road
Gulf Stream, Florida 33483
Dear Mayor Koch:
RE: F.I.N.D. Property
MSA 640 -640A
It has come to the attention of the Gulf Stream Golf Club that the Town
of Gulf Stream is giving consideration to leasing the above referenced property
from the Florida Inland Navigation District so as to preserve the area for
conservation or ecological purposes or for other purposes deemed necessary by
the Town on behalf of its residents. The Gulf Stream Golf Club whole heartedly
endorses the efforts of the Town in this regard.
In order that the Town can be assured adequate access by land to this
property which it intends on leasing, so as to properly patrol and /or maintain
this area, the Golf Stream Golf Club hereby offers to lease to the Town for
nominal consideration, a sixty (60') foot wide ingress and egress easement over
the property owned by the Golf Club which is immediately adjacent to the F.I.N.D.
property. We would propose that this lease run concurrently with the Town's
lease of the F.I.N.D. Property to the Town so as to insure that as long as the
Town continues to lease the property from F.I.N.D., it will continue to have
ingress and egress over the Gulf Stream Golf Club Property.
We offer the Town this lease so as to encourage the Town to proceed with
the leasing of the F.I.N.D. Property as it is the opinion of the Board of
Governors of this Club that the leasing of that property by the Town will be to
the benefit of all of the residents of the Town of Gulf Stream.
Very truly yours,
Walter I. Floyd
President
0
JOHNSTON, SASSER, RANDOLPH Be WEAVER, P.A.
ATTORNEYS AND COUNSELORS AT LAW
310 O"ECHOBEE BOULEVARD.
HARRY A. JOHNSTON = WEST PALM BEACH, FLORIDA 33402 HENRY F. LILIENTHAL
l9OZl9ez
DONALD J. SASSER
JOHN C. RANDOLPH P. O. BOX M HARRY ALLISON JOHNSTON
H. ADAMS WEAVER 1893-IOB3
ANN MARIE G. RE=ONICO August 5, 1987
JOYCE A. CONWAY (305) 653-0106
BOARD CERTIFIED
MARITAL S FAMILY LAWYER
Mr. James E. Cross
Commissioner
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33444
RE: Place Au Soleil Proposed Security Building
Dear Mr. Cross:
In response to my letter of .July 31, 1987, you have forwarded
for my clarification a copy of a site plan of the Proposed Security
Building. I am advised that the Proposed Security Building is
not to be constructed in an already existing median strip. I
therefore was incorrect in my supposition in that regard in my
correspondence to you. This clarification of fact does not modify
my general opinion but may be an additional concern from a policy
standpoint, as to liability.
As an additional thought, it may be advisable for the Town
to have provided to it a list of the property owners within Place
Au Soleil who are requesting this facility. Indeed, if there
are people within the subdivision itself who are opposed to this
structure within the right -of -way, the Town may have potential
problems. On the other hand, in the event this is a desire of
all of the property owners of the subdivision, the best and least
problematic manner of handling this would be to abandon the street
as a public street thereby removing the Town from this matter
and putting it in the hands of the private property owners or
their association.
Very tru yours,
JCR:edg
ohn C. Randolph
Enclosure i
CC: Tom Brandt
Rob Dittman
William E. Gwynn
` JOHNSTON, SASSER, RANDOLPH & WEAVER, P.A.
ATTORNEYS AND COUNSELORS AT LAW
310 OKEECHOBEE BOULEVARD
MARRY A. JOHNSTON E WEST PALM BEACH, FLORIDA 33402 HENRY F LIL,ENTMAL
DONALD J 5455ER
aoz Io ez
JO.N C RANDOLR- P O- BO% M MARRY ALLISON JOHN5TON
I ADAMS WEAVER ,e D9 IYep
ANN MARIE G REZZONICO July 31, 1987
JOYCE A. CONWAY
(305) 655 OIOB
' e,ARD c,RT,FIED
MARITAL L FAMILY LAWYER
Mr. James E.
Commissioner
Town of Gulf
100 Sea Road
Gulf Stream,
Cross
Stream
Florida 33444
RE: Legality of Proposed Police Substation
Dear Mr. Cross:
The Town Commission has requested that I advise as to the
legality of constructing a "police substation" on public
right -of -way located at the entrance to the Place Au Soleil
subdivision within the Town of Gulf Stream. The request for
the construction of such a facility comes from certain residents
of Place Au Soleil who I understand desire a greater amount of
security than is now presently afforded. I am advised that the
structure would not block free access to the Place Au Soleil
subdivision and that there is no intent to do so now or in the
future. I understand that the funding for the construction of
this facility would come from private individuals but that the
structure itself would be owned and maintained by the Town of
Gulf Stream.
The questions which arise from this situation pertain to
the legal right of the Town to place this structure in a
right -of -way dedicated to the use of the public and the liability
of the Town, if any, to third persons once it has elected to
maintain this facility.
As to the question regarding the legal right of the Town
to place this structure on the public right -of -way you should
be advised of Florida Statute 316.2045 which provides in part
as follows: J
"(1) It is unlawful for any person or persons willfully
to obstruct the free, convenient, and normal use of any
public street, highway, or road by impeding, hindering,
stifling, retarding or restraining traffic or passage thereon,
or by endangering the safe movement of vehicles or pedestrians
traveling, thereon;•
Mr. James E. Cross
July 31, 1987
Page 2
The law provides that in using a highway, the public is
entitled to have it free of all unauthorized or unlawful
obstructions or impediments which tend to delay or obstruct
traffic.
The question here, therefore, relating to the ability to
place the structure in the right -of -way is two fold. First,
is it an obstruction? It appears, based upon the proposal, that
it is not. This structure is intended to be placed on an already
existing median strip where traffic does not now flow and there
is sufficient right -of -way to each side of the median strip to
allow for the free and unimpeded flow of traffic. Therefore,
it does not appear that this structure would constitute an
obstruction to the free flow of traffic. The second question
is less clear and that relates to the intended purpose and use
of the structure. As noted in F.S. 316.2045 it is unlawful to
obstruct the free flow of traffic by hindering, stifling or
retarding passage on the right -of -way. The Town has been advised
that the structure is not intended to retard or restrain traffic
from using the public right -of -way, but the intended purpose
of the structure is a legitimate question of the Town. If the
intended purpose of the structure is indeed primarily to stifle
or hinder the free flow of traffic over the public right -of -way,
it may not be appropriate to allow the construction of this
facility. If, on the other hand, the structure is intended not
to stifle traffic, but to provide for a police substation" for
purpose of security, patrol and other purposes legitimately aimed
at protecting the interests of the residents of the Town of Gulf
Stream, the placement of the structure may be valid.
The above question is indeed one of interpretation and intent,
and in the event there is any opposition to the construction
of this structure in the public right -of -way by any individual
or entity the Town would want to be firm in its resolve that
the intent of this structure is not for the purpose of blocking
or impeding access of the public right -of -way, as a court of
law, if it found to the contrary, may have sufficient basis to
enjoin its construction or mandate its removal.
Structures of the type requested here are not unprecegented.
A similar structure exists at the entrance way to Point Manalapan
and that structure is apparently located on public right -of -way.
I am advised that other such structures exist within other
municipalities within Palm Beach County.
The second concern of the Commission related to potential
liability of the Town as a result of placing this structure within
the public right -of -way. There is no apparent liability to the
Mr. James E.,Cross
July 31, 1987
Page 3
Town to third parties for the mere placement of the structure
within the right -of -way, provided the Town determines the placement
of same is a legitimate public purpose. It is clear, however,
that once the Town has assumed responsibility and control of
this structure, it shall be liable to third parties for any claim
based upon the negligence of the Town in maintaining the structure.
This liability is not dissimilar to the liability to which the
Town is continually exposed for any property over which it assumes
control. There may well be a higher standard of care imposed
upon the Town. however, -where the property it maintains is located
within the public right -of -way. There are many scenarios one
might imagine wherein the Town could be exposed to liability.
Such exposure may exist for instance as a result of someone
claiming injury resulting from the Town's improper maintenance
of the structure. Someone may allege damage as a result of
injuries resulting from improper lighting, failing to adequately
secure the premises, etc. These are potential problems which
need to be considered when the Town exercises control and
jurisdiction over any facility.
In summary, in the event the Town determines that the
C structure proposed is for a legitimate public purpose, not intended
to block or impede the free use by the public of the public
right -of -way, it appears that the placement of such a structure
is appropriate. It is clear however, that the Town would have
full responsibility for maintenance of the facility and would
be responsible and liable to third parties to operate and maintain
said facility in a non - negligent manner.
I hope this is of assistance to you. Please do not hesitate
to contact me if you have questions or are in need of further
information.
JCR:edg
cc: Tom Brandt
Rob Dittman
William E. Gwynn
I
TOWN OF GULF STREAM
( PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F KOCH, JR. Mayor
ALAN I ARMOUR. Vice Mayor
LAWRENCE E STAHL
JAMES T SKELLY. JR.
JAMES E CROSS
CONSTRUCTION AT THE FOLLOWING LOCATIONS June,87
#1 Driftwood Landing
1777 N Oc. Blvd.
1410 N Oc.
578 N Oc.
3450 Gulf Stream Rd.
925 Indigo Pt.
2740 Cardinal Cir.
2542 Ave Au Soleil
2570 Ave Au Soleil
540 Old School Rd.
4110 County Rd.
2433 N Oc.
544 Palm Way
2401 N Oc.
3212 Gulf Stream
800 Canary Walk
531 Palm Way
246 Golfview
925 Indigo Pt.
(Merritt sub - division)
Farish
Charlton
Nursala
Bellis
Perchick
Hartung
Arrascue
Auri
Stenson
Patterson
Scarafoni
Charles Duryea
G/S Golf Course
Behan
Feeny
Johnson
G/S Golf Course
FazilOt
MAIL ADDRESS
10 SEA ROAD
GULF'STREAI', FLORIDA
TEL UB a
76 T REAM
2.5i,
Town Manager
WILLIAM E. GWYNN
Asslalanl Town Manager Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
New Residence
of N
Remodeling -Pool Hs.
Interior /Remodeling
Addition /Remodeling
New Residence
It II
rl II
R N
Interior /Remodeling
N N
II II
Repair Sea Wall
Replace Maint,Facilit
Interior /Remodeling
Scrn. Pool Encl.
Pool /Deck
Add 'n-Bd/Rm- Bath -Gar.
Add'n to Dock
l
03 Palm Beach Counly�MUNICIPAL LEAGUE
1708 NORTH LAKESIDE DRIVE, LAKE WORTH, FLORIDA 33460 (305) 585 -1780
August 3, 1987
To: Municipal Member; of the Beaches and Shores Council
Re: Protection of See Turtles in Palm Beach County
ordinance
Please review the enclosed letter from Mr. Robert Clinger
and the page from the proposed county ordinance relative to
the protection of sea turtles.
Mr. Clinger forwarded this to the League at the request of
the Board of County Commission. The ordinance in its
entirety should be in the possession of your local
representative to the Beaches and Shores Council. Should
your representative not have such a copy, one may be
obtained by contacting the office of Mr. Clinger, 684 -4000
or through the League office at 585 -1780.
This should provide you with lead time to establish a
position on the addition of this paragraph before the August
10, 1987, Beaches and Shores Council meeting.
Should the League be able to provide any additional support
please contact me.
Enclosures
CH /py
Yours truly,
qi4� 'my
President
LOCAL SELF - GOVERNMENT IS THE KEYSTONE OF AMERICAN DEMOCRACY
Board of County Convnissioncrs
Carol A. Roberts, Chair
Kenneth M. Adams, Vice Chairman
Karen T. Marcus
Carol J. I:Imquist
l)orothv Wilken
July 30, 1987
Charles Helm
204 Tam -O- Shanter Drive
Palm Springs, Florida 33461
Subject: Sea Turtle Protection Ordinance
Dear Mr. Helm:
County Ad,, - ,iistrator
Jan , rs .
Department of Engineering
and Public Works
H. F. Kahlert
County Engineer
Attached please find the most .recent draft of the proposed Sea Turtle Protection
Ordinance. The first reading of this proposed ordinance received a 4 -0
vote at the July 28, 1987 meeting of the Board of County Commissioners.
While the ordinance has been brought before the Beaches & Shores Council
on several occasions and has received approval from the Council, the Board
directed that the ordinance be brought before the Municipal League for
review at this time.
I am aware that the League has considered this ordinance at a previous
meeting, however, a recent revision should be brought to your attention.
On page 12, Section 16, Paragraph 1, subparagraph (b), the following wording
has been added: Consistent with law and this ordinance, the Palm Beach
County Code Enforcement Board shall have jurisdiction to enforce this ordinance
within municipalities of Palm Beach County, provided a municipality does
not have a Sea Turtle Protection Ordinance which conflicts with this ordinance."
I would ask that you provide me with any comments that the Municipal League
may have regarding this revision or any other section of the ordinance
as soon as possible.
I will again be bringing this matter before the Beaches & Shores Council
on August 10, 1987. It is also anticipated that a Public Hearing and Second
Reading of the ordinance will occur of August 25. 1987 at the regular oard
of County Commissioners meeting.
"An Equal Opportunity - Affirmative Action Employer
BOX 2429 WEST PALM BEACH, FLORIDA 33402 -1989 (305) 684 -4000
Page 2
July 30, 1987
We are currently in a sea turtle nesting season. Three turtles on the
endangered species list use Palm Beach County beaches for nesting purposes.
Palm Beach County is taking the necessary steps to see that another nesting
season does of begin without the protection that is offered by the attached
ordinance. We encourage all coastal municipalities to adopt the attached
ordinance. However, if this is not possible, we encourage those coastal
municipalities that do not adopt this ordinance to adopt an ordinance that
will provide for protection for sea turtles all along Palm Beach County's
shores.
Sincerely,
Robert W. Clinger
Beach Erosion Control Coordinator
RWC /df
Enclosures
cc: Commissioners
Gary Brandenburg, County Attorney
Laurel Hopper, Assistant County Attorney
Rosa Durando
Richard Burn, Beaches & Shores Chairman
Sam Shannon, Assistant County Administrator
1
2
8
9
10
11
12
13
14
15
16
17
18
19'
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37,
38
9
/3
40j
41I42
43
44
4 >1
461
47 '
48
49
(3) Mode of Operations. During the nesting season (May 1
through October 31):
(a) Beach cleaning operations shall be limited to the
wrack line (previous high tide mark) or below.
(b) Light- weight motorized vehicles having wide, low -
profile, low- pressure tires shall be used to conduct beach cleaning
operations instead of heavy equipment.
(c) Devices used for removing debris from the beach
shall be designed and /or operated such that they do not penetrate beach
sediments by more than two (2) inches.
(4) Sea Turtle Protection Plan (STPP) Exemption. A STPP may
not be required for mechanical beach cleaning activities if it is
demonstrated to the Department of Planning, Zoning, and Building and to
the State of Florida, Department of Natural Resources, Bureau of Marine
Research that the proposed operation(s) will have no adverse effects on
the normal development and viability of eggs and hatchlings in sea turtle
nests and habitats, pursuant to the following procedures:
(a) The State of Florida, Department of Natural
Resources, Bureau of Marine Research, The Department of Planning, Zoning,
and Building shall be notified in writing by the applicant that the
protective /mitigative measures set out in Section 9(6) shall not be
required as part of the State permit.
(b) The Department of Planning, Zoning, and Building
shall grant an exemption from the STPP upon consultation with the State
and receipt of a copy of the State permit prior to commencement of the
mechanical beach cleaning activities.
(5) Coordination of Beach Cleaning Operations With State —
Sanctioned Scientific Studies All beach cleaning operationa shall be
coordinated through the State to ensure that these operations do not
interfere with state — sanctioned scientific studies of sea turtle nesting
activities.
SECTION 16. ENFORCEMENT AND PENALTIES j
(1) Enforcement and Responsibility.
The of County
Department of Planning, Zoning,andBuilding, iori through
the applicable municipal
government shall adopt procedures for enforcing and administering this
ordinance and to employ those persons necessary for such administration
and enforcement.
AbbYY �o
\ } ,dh fLL
Beach County CodebEnforcementnBoardhshallahavehJurisdiction�toh nforce
this ordinance within municipalities of Palm Beach Countyp, provided a
municipality does not have a Sea Turtle Protection O-fdfnance,whtch
conflicts with- -t'_ ordinance. /
(c) When necessary, the
and Building may seek assistance fromtheDPalmt o
BeachCountynSheriff ns g
Department to assist in enforcement.
(d) It shall be the duty and responsibility of all
appropriate law enforcement officers to enforce the provisions of this
ordinance.
i
50 (e) No building permit or Certificate of Occupancy
51'! shall be granted by the Department, except in compliance with the
521 provisions of this ordinance or court decision.
_r
-'i•:
Gw�
12
...1I
August 5, 1987
TO: PALM BEACH COUNTY COMMISSION
ALL PALM BEACH COUNTY MUNICIPALITIES
FROM: MARY ANN MARIANO, TOWN CLERK
TOWN OF HIGHLAND BEACH
RE: HIGHLAND BEACH RESOLUTION NO. 512
Pursuant to the directive of the Highland Beach Town
Commission, I am herewith attaching a copy of Reso-
lution No. 512 adopted by the Highland Beach Town
Commission on August 4, 1987, entitled as follows:
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, ENDORSING THE EFFORTS OF
"CITIZENS FOR SEVEN COUNTY COMMISSIONERS" TO ESTABLISH
A REFERENDUM ELECTION AS EARLY AS LEGALLY POSSIBLE TO
AMEND THE PALM BEACH COUNTY CHARTER TO PROVIDE FOR THE
ELECTION OF SEVEN COUNTY COMMISSIONERS SERVING STAGGERED
TERMS OF FOUR YEARS; ONE COMMISSIONER RESIDING IN EACH
OF SEVEN DISTRICTS BEING ELECTED BY THE ELECTORS OF THAT
DISTRICT.
%
R41
Mary Ann Mariano, Town Clerk
mam
attachment
....
Town of Highland
Beach
11,..� ,.
/
e,
ro. •coy
3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH.
FLORIDA 37487
C'.,..,
1�4\"
Palm Beach County, Florida
303 - 278 -4548
HuyL U
August 5, 1987
TO: PALM BEACH COUNTY COMMISSION
ALL PALM BEACH COUNTY MUNICIPALITIES
FROM: MARY ANN MARIANO, TOWN CLERK
TOWN OF HIGHLAND BEACH
RE: HIGHLAND BEACH RESOLUTION NO. 512
Pursuant to the directive of the Highland Beach Town
Commission, I am herewith attaching a copy of Reso-
lution No. 512 adopted by the Highland Beach Town
Commission on August 4, 1987, entitled as follows:
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, ENDORSING THE EFFORTS OF
"CITIZENS FOR SEVEN COUNTY COMMISSIONERS" TO ESTABLISH
A REFERENDUM ELECTION AS EARLY AS LEGALLY POSSIBLE TO
AMEND THE PALM BEACH COUNTY CHARTER TO PROVIDE FOR THE
ELECTION OF SEVEN COUNTY COMMISSIONERS SERVING STAGGERED
TERMS OF FOUR YEARS; ONE COMMISSIONER RESIDING IN EACH
OF SEVEN DISTRICTS BEING ELECTED BY THE ELECTORS OF THAT
DISTRICT.
%
R41
Mary Ann Mariano, Town Clerk
mam
attachment
RESOLUTION NO. 512
:+ RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, ENDORSING THE EFFORTS OF "CITIZENS FOR SEVEN
COUNTY COMMISSIONERS" TO ESTABLISH A REFERENDUM ELECTION AS
EARLY AS LEGALLY POSSIBLE TO AMEND THE PALM BEACH COUNTY CHARTER
TO PROVIDE FOR THE ELECTION OF SEVEN COUNTY COMMISSIONERS
SERVING STAGGERED TERMS OF FOUR YEARS; ONE COMMISSIONER RESIDING
IN EACH OF SEVEN DISTRICTS BEING ELECTED BY THE ELECTORS OF THFT
DISTRICT.
The Town Commission of the Town of Highland Beach, Florida,
'-:ereby endorses the efforts of the "Citizens for Seven County
Commissioners," to establish a referendum election whereat the
Electors of Palm Beach County may vote to amend the Palm Beach
Count_: Charter to provide for a seven (7) member County Commission
serving staggered terms of four (4) years; one commissioner re-
siding in each of the seven (7) districts being elected by the
Electors of that district.
Further, The Town Commission of the Town of Highland Beach,
Florida, hereby directs the Town Clerk to furnish a copy of the
aforesaid Resolution to the County Commissioners as well as each
of the municipalities within Palm Beach County.
This Resolution shall be effective immediately upon its
passage.
RESOLVED THIS 4th day of August , 1987 by the Town
Commission of the Town of Highland Beach, Florida.
ATTEST:
/S/ Mary Ann Mariano
TOWN CLERK
(SEAL)
/S/ Betty Jean Stewart
BETTY JEAN STEWART
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
FLORIDA, ENDORSING THE EFFORTS OF "CITIZENS FOR SEVEN COUNTY
COMMISSIONERS" TO ESTABLISH A REFERENDUM ELECTION AS EARLY AS
LEGALLY POSSIBLE TO AMEND THE PALM BEACH COUNTY CHARTER TO
PROVIDE FOR THE ELECTION OF SEVEN COUNTY COMMISSIONERS SERVING
STAGGERED TERMS OF FOUR YEARS; ONE COMMISSIONER RESIDING IN
IN EACH OF SEVEN DISTRICTS BEING ELECTED BY THE ELECTORS OF
THAT DISTRICT.
The Town Commission of the Town of Gulf Stream, Florida, hereby
endorses the efforts of the "Citizens for Seven County Commissioners,"
to establish a referendum election where the Electors of Palm Beach
County may vote to amend the Palm Beach County Charter to provide for
a seven (7) member County Commission serving staggered terms of four
(4) years; one commissioner residing in each of the seven (7) districts
being elected by the Electors of that district.
Further, the Town Commission of the Town of Gulf Stream, Florida,
hereby directs the Town Clerk to furnish a copy of the aforesaid
Resolution to the County Commissioners as well as each of the municipalities
within Palm Beach County.
This Resolution shall be effective immediately upon its passage.
RESOLVED THIS DAY OF 1987 by the
Town Commission of the Town of Gulf Stream, Florida.
MAYOR
M, tiIR
COMMISSIONER
COMMISSIONER
COMMISSIONER
ATTEST:
TOWN CLERK
(SEAL)
ROBERT J. DIXSON
July 21, 1987
William E. Gwynn, Esq.
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Dear Sir:
Last Friday's workshop budget meeting was especially interesting to me.
I am disappointed with the tentative decisions, particularly that which suggests
a mere 5% salary increase for police officer. I had thought, perhaps too
optimistically, that the Commission would at long last realize the disparity
of Gulf Stream police officer top -out salaries with those now prevailing in
the average of the eight communities used for comparative purposes, and to be
compounded by those which will result from upward salary adjustments in the
same municipalities with the approval of forthcoming October budgets. It is
clear that, with the tentative 5% increase proposed, the levels of compensation
for Gulf Stream officers will fall further behind the average of those which
will exist after October 1987.
At this stage I do not believe it necessary to repeat the several reasons which
were presented to the Commission in support of recommended higher salary levels
during the past five or six years.
The result of the Commission's tentative decision, if finalized, could have
serious consequences in the ensuing budget year. I am concerned that the unrealistic
and unjust tentative decision could affect the high quality and competency of
our police officers and, hence, the quality of service to the community. Obviously,
with substantially higher salaries prevailing in other communities, Gulf Stream
may be destined for a less than high quality police service. I am stating this
for the record, for if this should occur, the responsibility rests with the
Town Commission.
If requested, I shall be pleased to once again, for I believe the seventh time,
present the reasons for a just and fair level of police compensation.
Ve you ,,
Robert J. Dixson
3122 North Ocean Boulevard
Gulf Stream, Florida 33483
mfp
cc: Mr. James E. Cross, Commissioner of Police
MEMORANDUM
TO: All Association Directors
FROM: Robert A. Dittman
DATE: July 31, 1987
Since our last Directors' meeting, a number of things have been
happening which I feel should be brought to your attention.
Harry Kates, Mary Beth Arrascue, and I attended the FIND meeting
in Jupiter to express opposition to the commercial development
proposed to be located south of our subdivision. I believe our
presence and the appearance by our top town officials was
instrumental in getting the developers' proposal tabled by the
District Commissioners, the expressed purpose for such action
being to allow the developers time to "make peace" with the
directors and residents of our Association. Whether or not we
should feel threatened into doing so at this point in time is
another question; I think it may be somewhat premature. I sensed
a feeling that the FIND Commissioners may very well determine not
to lease the property to these developers, based upon the
Attorney General's opinion we earlier reviewed, if "peace" cannot
be made.
In any event, the developers want to get together with our
directors and affected residents as soon as possible. Because of
vacation schedules (and to buy some time), I suggested early
September as being the first occasion where such a meeting could
be lined up. I would first like to see us have a Directors'
meeting prior to such a meeting with the developer, for a
strategy and tactics session, so, hopefully, we can attend such a
meeting with a unified position. one of the developer principals
is a local real estate broker by the name of Lois Kelley, who may
very well contact you individually within the next montht in such
event, prior to making any commitments, indicate to her that we
are working toward scheduling a meeting with her and her other
principals in September.
A delay of such meeting (with the developer) until September will
allow us to sound out Mr. Karp (he owns the house in the
southwest corner of the subdvision) as to what willingness he may
have to granting a public easement of some sort over his vacant
lot which would afford access into the district, legitimizing the
Town's intent to ultimately rezone such property to restrict same
for passive park /wildlife sanctuary purposes.
The other thing that has happened in the past month is that the
Town Commissioners gave us a first go around on our gatehouse
proposal. As I predicted, the proposal was tabled for a month to
give Town Attorney Randolph time to study the proposal and the
Memorandum to All Association Directors
July 31, 1987
Page two
implications thereof and, further, to give (Police) Commissioner
Cross time to get with me, Harry Kates, and Chief Greer about the
police aspects of the gatehouse. I will comment that we had a
disappointing turnout of interested parties at the Town
Commission meeting; Commissioner Armour was unable to attend the
meeting, but Goodrich Littlefield and Harry Kates were there to
help me waive the flag. In presenting the gatehouse, I made it
clear that the responsibility for maintaining the gatehouse, once
it is erected, will belong to the Town; I believe this is a pill
that the Commissioners are willing to swallow. Since the
meeting, Harry Kates and I have met with Chief Greer and
Commissioner Cross, and they both now seem to be very supportive
of the proposal. In addition, I have talked with the Town
Attorney, John Randolph, and I don't anticipate any huge
objections from him. Because I will be out of town on the next
Commission date, where hopefully we should receive our final
approval (or not), Tom Brandt has agreed to step in and carry the
ball. Because this is our last and best shot at this proposal,
however, I would urge each of you who will be in town to please
Finally, for the purpose of preplanning for a September meeting
with Lois Kelley et al. and to, hopefully, move onto the next
stage of the Association sponsored gatehouse project, I would
like you all to tentatively plan on having a brief Directors'
meeting on Thursday, August 27, 1987, at Harry Kates' house at
7:30 p.m. If any of you have any problems with this time, please
call my secretary and let her know and we will try to coordinate
a better time.
See you then.
,I A
C
COMMISSIONERS
WILLIAM F KOCH. JR, Mayor
ALAN I ARMOUR. Vice Mayor
LAWRENCE E. STAHL
JAMES T. SKELLY, JR.
JAMES E. CROSS
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
August 14, 1987
TO: PALM BEACH COUNTY COMMISSION
ALL PALM BEACH COUNTY MUNICIPALITIES
FROM: BARBARA GWYNN, TOWN CLERK
TOWN OF GULF STREAM
RE: TOWN OF GULF STREAM RESOLUTION NO. 87 -6.
Attached is a copy of Resolution No. 87 -6 adopted by
the Gulf Stream Town Commission on August 14, 1987
Should you have any questions, please do not hesitate
to contact me.
Sincerely,
Barbara Gwynn
Town Clerk
MAIL ADDRESS
100 SEA ROAD
GULF STREAM. ,F�`O5 IDA
TEL G l YREAM
2]65116
Town Manager
WILLIAM E. GWYNN
Aaelafanl Town M.ri,go, -T.WO Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
RESOLUTION NO. 87 -6 -R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
FLORIDA, ENDORSING THE EFFORTS OF "CITIZENS FOR SEVEN COUNTY
COMMISSIONERS" TO ESTABLISH A REFERENDUM ELECTION AS EARLY AS
LEGALLY POSSIBLE TO AMEND THE PALM BEACH COUNTY CHARTER TO
PROVIDE FOR THE ELECTION OF SEVEN COUNTY COMMISSIONERS SERVING
STAGGERED TERMS OF FOUR YEARS; ONE COMMISSIONER RESIDING IN
IN EACH OF SEVEN DISTRICTS 13FING ELECTED BY THE ELECTORS OF
THAT DISTRICT.
The Town Commission of the Town of Gulf Stream, Florida, hereby
endorses the efforts of the "Citizens for Seven County Commissioners,"
to establish a referendum election where the Electors of Palm Beach
County may vote to amend the Palm Beach County Charter to provide for
a seven (7) member County Commission serving staggered terms of four
(4) years; one commissioner residing in each of the seven (7) districts
being elected by the Electors of that district.
Further, the Town Commission of the Town of Gulf Stream, Florida,
hereby directs the Town Clerk to furnish a copy of the aforesaid
Resolution to the County Commissioners as well as each of the municipalities
within Palm Beach County.
This Resolution shall be effective immediately upon its passage.
RESOLVED THIS 14 DAY OF August , 1987 by the
Town Commission of the Town of Gulf S
ATTEST:
TOWN CLERI
(SEAL)
VICE MAYOR
J., '� . C..',.ar•�
COMMISSIONER
Qa624n -r- COMMISSIONER ,� .
COMMISSIONER 0 -() --
2546 Avenue Au Soleil
Gulf Stream, Florida 33444
August 2, 1987
The Hon. William F. Koch, Jr.
Mayor
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33444
Re: Place Au Soleil
Dear Mayor Koch:
I would like to thank you and your fellow Commissioners
for your opposition to the Proposal of Seacrest Properties,
Inc., to lease from FIND the property $directly at the
rear of our house. We adjoin the FIND property, and
are against this proposal and feel our fellow residents
have the same feelings.
Please advise if there is any help needed, financial or
C otherwise to oppose this commercial venture.
With best personal wishes, I remain
Sincerely yours
C