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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.