02-02-55SpMtg FEBIiUARY 2NI), 1955.
A Special Meeting of the City Commission of the City of
Oelray Beach, Florida, was held in the Commission Chambers at
2:30 P.M., with Mayor Snow in the Chair, Oity Manager W. E.
Lawson, Jr., Oity Attorney Neil MacMillan, and the following
Commissioners present: Emory J. Barrow, Catherine E. Strong,
Glenn B. Sundy, a quorum being present.
Mr. Jack Dorson, associated with Mr. D. Udell, addressed
the Commission, advising of having acquired Section 7, Twp 46 S,
i~ge 43E., (640 acres) and desired to ascertain the extent of
possible co-operation to be expected from the Oity of l)elray
Beach relative to water being made available and roads, as well
as taxation assessment during the period of developing this
area which they desire be annexed to the City of Delray Beach,
Florida.
Planning Ooard members -il. F. Blake, Col. Fabens,
k. Jacobson, W. C. Burton and James Sinks - discussed the Zoning
phase oI' this intended development and advised the Commission
that past policy dictates ~esidence A, the square footage con-
struction requirement being wholly favorable with Mr. Oorson,
as he and his associate:had contemplated a slightly increased
square foot construction to that required for i(esidence A.
Commissioner Strong moved that the City Manager be in-
structed to make a study of this plan as to water supply, roads
and taxation assessment during development, and to contact
Mr. Middleton and other County }(oad Board Members as to possible
~t/W and road development thru County land area west of N.W. 4th
Avenue between Lake Ida and N.W. 4th Street if extended west-
ward, for ingress and egress to Section 7, which lies imme-
diately N.W. of present City limits, and submit a renort of hi~
findings as soon as possible. ~lotion seconded by Commissioner
Sundy and unanimously carried.
Mr. John N. Kabler, addressing the Commission, requested
p~rmJssion to file his objection to the City effecting a City
Dump on the la~,d in Section 29, south of the 6ity, which was
recently purchased for s~ch a purpose. Mr. Kabler felt that
such utilization of land in that area would endanger future
development and possible annexation o£ this district, which~
due to its favorable elevation is a most potential and desir-
able future sub-division development possibility.
The City Attorney read the following ~esolution.
~SOLUTION NO. 947.
A ~L~SULUTIUN OF T}~ CITY CO}~;qlSSIO?.; df
Tl~ CITY ,~]' '.~LAAY BEACIi, I,'Lu~IDA.
~Eil[..,k.t~, the City of I)elray Beach is developing at a
rapid pace and ~ere is not remaining extensive areas along
the coast for future and continued development, and
WIIEi~,AS, the growth of l)elray Beach and ~e adjacen~
area thereto necessarily must be eventually ~;estward, a~
WHt~t~AS, there is a need for additional roads extend-
ing Cron ~e coast Westward in the Delray Beach area for resi-
dential developemtn a~ farm use, and
W~REAS, there is a great potential area for future
growth of Delray Beach surrounding the municipal golf course
of Delray Beach, and
~{Et~AS, if Germantown t(oad were extended Westward
along the south boundary of the City Limits of Delray Beach
234
FEBItUARY 2NI), 1955.
along the half-section line of Sections 19 and 20, Township
46 South, itange 43 East, and Section 24, Township 46 South,
Range 42 East, to the Military Trail, said area of future
development would be bi-sected, and would make possible the
development in that area lying south of Atlantic Avenue,
north of Germantown i{oad as now exists, east of Military
Trail and west of Seaboard aailroad, comprising over 1200
acres, and
WHE~AS, said extension we,old further provide another
access road to the Oelray Beach Country Club, as well as other
points west of the bity, and
Wt~ttEAS, the road could be further extended in the
future westerly to the ltangeline and easterly to A-l-A, and
WHE~S, said extension westerly would involve only
a few land owners, primarily, J. N. McArthar of Miami and the
City of Delray Beach, and
WtlEilEt/S, the said J. N. McArthur has indicated his
willingness to dedicate a right-of-way for said proposed
extension.
NOW, TliEi~Fo~E, BE IT RESOLVED:
1. That the City Commission of the City o~ Delray
Beach does hereby request and petition the County Commission
of Palm Beach County, Florida, to immediately take the neces-
sary action to acquire a right-of-way rot extension of German-
town Road westerly as above outlined to Military Trail.
2. That the City Commission agrees to cooperate in
dedicating a right-of-way of any City owned property required
without charge.
3. That copies of this desolution be mailed to all
adjoining communities requestin.~ their endorsement, and that
copies be furnished all Civic Organizations of Delray Beach
and to the local newspapers requesting their support.
4. That the original of this ttesolution be forwarded
forthwith to the County Commission of Palm Beach County, Florida,
and that a copy be furnished the Honorable 8eh F. Sundy, Chair-
man of the Board.
Unanimously passed and adopted this 2nd day of February,
1955.
/s/ W. J. Snow Mayor
ATTEST:
/s/ ~. 0. Worthing
~ity ~Ierk
Commissioner Strong moved to pass and adopt this ~esolution on
first and final reading. Seconded by Commissioner Sundy and
unanimously carried.
Mr. ~ick Wilson addressed the Commission and complained of
sheds and construction shacks obnoxious to residents in the area
which the present developer of new homes in Swinton Circle has
erected according to Mr. Wilson. The City Manager agreed to con-
sult with the contractor and solicit his co-operatio~ towards
alleviating any nuisance, and to instruct the Buildin,~ Inspector
to check on any possible violations.
235
FEBRUAitY 2ND, 1955.
Att*y. John Adams and Hr. George Warren discussed the
views of the Chamber of Commerce relative to the off-street
parking problem and more particularly the possible purchase
of the NE 3rd and 4th Avenue lands as previously considered.
The City Attorney advised the Chamber representatives that
approval by ~onding Attorneys has now made possible the issu-
ance of itevenue Certificates, pledging the Florida Power &
Light Franchise Tax in payment thereof, and that the ~ity
Commission at its last regular meeting authorized an issue
of ~110,000. in itevenue Certificates, the proceeds from which
are to be used for the procurement of lands for off-street
parking facilities.
Commissioner Strong moved that necessary funds be
appropriated and made available to the City Attorney who be
instructed to prepare Contract Agreements for securing options,
for 120 day periods, on available lots desired to be purchased
for off-street parking, as time required for the issuance and
sale of said Revenue Certificates and proceeds resulting there-
from becoming available warrant the procurement of such options
to the lands at this time. ~lotion was seconded by Commissioner
Barrow and unanimously carried.
The request of Attty. John H. Adams, speaking on behalf
of the Chamber of Commerce, for Commission approval to create
an off-street parking program committee was referred to the
City Attorney for recommendation as authority to create such
a Committee is already vested in the City Commission.
Commissioner Strong made a motion that the ~ity Commis-
sion go on record as favoring and supporting the foilowing
Petition and Resolution.
PETITION ~ND ItESOLUTION NO. 948.
TO: COUNTY CO~I~tlSS ION
Palm Beach County
Court House
~¢est Palm Beach, Florida
~'HEitEaS, in the considered judgment of the undersigned.,
the greatest attraction and major asset of Palm Beach County
is its beaches, and
I~iiERE~S, Palm Beach County is one of the Fastest grow-
ing areas in the entire State of Florida, and
WttLi~AS, it has been obse~'ved in other areas of Florida
that as the area developed and the population increased, private-
ly owned beaches, which the owners had previously allowed the
public to use, were enclosed and the nublic deprived of the use
of same, and
~JtILtkEAS, the coast line of Palm Beach County is approxi-
mately forty-three miles long, and of the same there is only
approximately two and one-h~l£ miles of public beach in the
entire County, and
'~HEitEAS, various communities and persons in the fourth
County Con~issioners ~istrict of Palm Beach County have recog-
nized the need I%r additional public beach, and have concluded
that it is a proper matter for the County Commission of Palm
Beach County to anticipate the future needs of the public and
provide additional beach /~or public use.
FLBItUaltY 2XD, 1955.
NOW, ThL~F'OKE, BL iT i{ESOLVED:
1. That the undersi,~ed Comm,~nities and individuals
in the Fourth County Commissioners District hereby recommend
and petition the County Commission oF Palm Beach County,
Florida, that it take s~tch action as may be necessary to
immediately secure such strips of beach as in its considered
judgment will meet the present and future needs of the pub-
lic in said District.
2. That the County Commission, should they deem it
necessary, immediutely prepare legislation for the forthcom-
ing legislature cre~ting a South Palm Beach County Beach Park
District f,~r the p,_wpose of financing and purchase of addi-
tinnal public beach in the South Palm Beach County area.
Unanimously passed and adopted this 2nd day of
February, 1955.
/s/ w. J. Snow
)layer
ATTEST:
/s/ it. D. ~,'orthing
Cit~' L l'~_"rk
LIST 0F SIGN~YUdES - - Oi~IGIN~tL LIqT S~FO,tTED C0~:Y OF
~tLSoLUTI,.)N SUBNITTED To: THE PALM
BEACII COUNTY
Signed W.S. Lankton Franklin X4edge
5eo. iulbot Jr. John Il. Adams
Ldna Wate.~'-s .;)elin H. iten Adams
Glen;': B. Sund~ Catherine E. Strong
Cedi'ge ~4. ~iar'ren Jos. Sante
J. F. Love Jr. A.V. ';orth~un
~illi~m Koch Jr. Truman Connell
L. B. Fostel ~t. C. Croft
W. Seward ~ebb Jr. J.Y. Galloway Jr.
Joseph G. ,~ose Jr. ~1. Il. Craig
h'il]iam A. Nic},,~ls F. B. NcNeeee
Samuel J. Scohn J.N. k~,bler
Charles Y. Grayson W.J. Snow
i[alph Priesmeyer Nargaret T. Burr
John Puller ii. D. ~orthing
Lora S. Britt
Notion was seconded by Co~issinner Barrow and unanimously
carried.
The City Attorney read excet~pts ft'om correspondence with
Mr. Dunn-i{ankin as well as with NP. Dunn-itankin's New York
attorney relative to p~evinus alleged negligence and possible
liability o~ Nr. Dunn-lmnkin as reflected in the renort sub-
mitted by the Florida Institute of Certified P~tblie Accounts
dated October 14th, 1954, in view oF which, and as a result
thereof~ an offer of ~7~500.00 in settlement of said lia-
bility has been made. Following discuses:ion relative to this
offer, Commissioner Strong moved to accept the sum o~ ~7,500.
in seltlement o~ any Claim the City entertains against
blt. l}unn-~iankin as a result oF his past audits conducted in
behalf of the City of Delray Beach, Florida. Notion was
seconded by Commissioner Barrow and unanimously carried.
Att'y. John H. Adams, President of the Cht~ber of Com-
merce, and speaking on behalf of ~e ¢hamber~ requested
237
FLBit~AR¥ 2ND, 1955
permissi(~n from the Oity Commis=ion to erect a Sign on the
Water Tower in the north part of the City and further re-
quested the Oity to absorb the electric c,~rrent service
charge in con~ection with said neon sign. Commissioner
Strong moved to accept the offer of the Chamber of Commerce
to construct and erect a neon sign thereon subject to the
approval of the City Manager regarding construction and
general installation, and to absorb the charge made by
Florida Power & Light in serving said sign, this expense to
be included in the General Ooeration of the City. Motion
was seconded by Commissioner Barrow and unanimously carried.
The application of Mr. William Pfundston for deviation
in connection with set-back of contemplated construction on
Lot 18, Block 92, was referred to the Planning Board for
their consideration and recommendation.
the meeting then adjourned.
APPit0 VED:
Mayor
ATTEST:
City ~l~k
FEBItUAR¥ 8Tl!, 1955o
A Hegular Fleeting of the City Commission o£ the City of
Delray Beach, Florida, was held in the Commission Chambers
at 2:30 P.M., with Mayor W. J. Snow in the Chair, City Manager
W. E. Lawson Jr., Neil MacMillan, Clty Attorney, and the fol-
lowing Members of the Commission present; Catherine E. Strong,
E. J. Barrow, Glenn B. Sundy, W. Cottingham Allen, a quorum
being present.
An opening prayer was delivered by Rev. J. G. l~obinson.
}linutes o£ the January 25th and February 2nd meetings
were approved as written, upon motion of Commissioner Strong,
seconded by Commissioner Sundy and unanimously carried.
City Manager Lawson introduced Mr. Fred. B. Clark, of
B. J. Van Ingen & Co. Inc., Miami, Fla., who is interested in
purchasing the ~110,000.00 ~evenue Bonds in the process of
being issued, the proceeds of ~hich are to be used For tho
purchase o£ off-street parking lots. Mr. Clark was advised
by the Commission that there are others interested in the
purchase of these bonds and the Commission would appreciate
hearing From him in this regard at a later date when all
proposals would be considered.
Hr. Charles Chevalier, Director of Public Works~ and Fire
Chief John Gregory reported briefly of their findings as a
result of their recent trip to Ft. Lauderdale regarding the
lot clearing procedure and policy regulations pertaining
thereto, as exercised by the City of Ft. Lauderdale.
Commissioner Allen moved that the Department of Public
~'orks Director and the Fire Chief be instructed to divide
the City of Delray Beach into four sections and using the
present Ordinance, clear the sections by the present pro-
cedure and that resulting debris be hauled away rather than
burned, and that procedure be followed subject to the advice
of the City ~ttorney. Commissioner Strong seconded the motion
which was unanimously carried.
There followed a discussion of the indebtedness of
Mr. Warren Reiff to the City of Delray Beach in the amount of
~2,184.50 for water mains installation within Bellview Manor
S/~, dated back to December 9th, 1953.
Commissioner Allen moved that the City Manager be in-
structed to ask Mr. Reiff to appear before the Commission at
the next meeting to be held. Motion seconded by Commissioner
Barrow and unanimously carried.
Motion ~as made by Commissioner Allen that the City accept
the low bid, as reported by the City Manager, of 0neman
Engineering Company For the fabrication and erection of the
boat hoist and appropriate ~700.00 ~o cover this expense, as
requested by the City Manager. Commissioner Sundy seconded the
motion which carried unanimously.
~r. John N. Kabler, opposing the location of the present
intended Sanitary Land Fill, urged that the Commission refer
this matter to the Planning Board, his major o~position being
based on the rapid growth of the City of Delray Beach, and the
potential future development of Sub-Divisions in the area imme-
diately south of the present City limitso
Upon motion by Commissioner Strong, seconded by Commissioner
Allen and unanimously carried, Fir. Kabler~s request was referred
to the Planning. Board for their recommendation.