04-21-48SpMtg APRIL 21st, 19&8
Upon call of the Mayor a Special Meeting of the City Council of the City of
Delray Beach was held in the Council Chambers at 5 P M to discuss the.sidewalk
project on SE &th Avenue from the alley south of Atlantic Avenue to SE 1st Street~
with Mayor L H Brannon in the Chair, and City Attorney John Moore, City ~anager
Charles E Black and following Councilmen present: ~ ~ De?Jitt, John N Kabler and
Neil E MacMillan, a quorum being present.
Councilman Kabler explained that the meeting had been called at his request
to clear up the point of whether City equi~nent and labor should be used for
work on this or any other private project, stating that he had heard criticism
of the City's cooperation in removing the old sidewalk and placing 6f fill, which
he had assumed the City would do gratis, as long ss the property owners had
deposited the cost of the replacement of the sidewalk with the City.
City Manager Black advised the Council that there had been criticism of
this work being done by the City.
Oouncilman DeWitt then stated that he had approved of the project in so far
as the City was obligated to replace the sidewalk and widen the street in front
of Cityproperty. He felt that it was a question of policy where the removal
placing of fill, and establishing a s~-grade would cost more than a street
paving program. A policy should be adopted by the Council for future projects
of this nature. He also questioned the advisibility of the City doing private
work or renting out its equipment. Mr DeWitt explained that a policy has been
established with reference to street construction work, whereby property owners
~re ~eqdired to build their own Streets, or deposit the total cost with the City
before the work is done, and that by doing this work at City expense, these other
property owners could rightfully demand a portion of their deposit returned to them.
Councilman Kabler then stated that since the question had been brought up
and discussed, he felt that Councilman DeWitt was right, and that he could not
advocate that the City spend any money on a project he personally was interested
in. He had thought the City would volunteer to do this part of the work, but he
now realized that the City was not in a position to do work of this kind for
private individ~mls, As an estimate of the cost of the work to be done by the
City, made by the City Manager, was approximately $200.00, Mr Kabler offered to
put up this amount, and collect proportinate amounts from the property owr~ers involved
It was explained by the City Uanager that the old sidewaY{ which was removed
had been on the Street right-of-way, or public property, but the new sidewalk
will be constructed on an 8' strip of land being contributed by the property ownem ,
which will be private property unless deeded to the City.
City Manager Black then asked for a decision on who will pay for the widen-
lng of the Street, as the policy has been that the property ovmers bear the total
cost of street paving work.
Councilman MacMillan felt that if oro~erty owners are willing to do some-
thing which will improve the town as a whole he wo~tld be in favor of helping out
on it, but that when a new Street was built it would be a different proposition.
~RIL 2!st, 19L..8
Councilman Kabler stated that the City would not be spending any money,
only labor and equipment.
A motion was then amde by Councilman Kabter, that he deposit his personal
check for ~200.O0 with the City to cover the cost of this work, and that
Mr Black be instructed to continue with City forces, v~th the ,zaderstanding
that if the actual cost of doing this %'ork did not amo[u~t to ~200.00 the balance
will be ref,in~¢.d to him. 1~:~.~ ~ot~_on was seconded by Councilman ~.~ae~[illan,
and upon call of roll carried unanimously.
Mr A L Greenwood, Tax Assessor, advised the Council that he was pre-
paring his Tax Roll for 1948, and asked that the Cou~cil take some action on
a letter from Mr John B Reid which was filed with the Council on February 10th,
requesting that his assessments on his property in The Village be left the
same for 19~ as they were for 19;,7, as he had made no sales or received any
income from the property up to the present t~ae.
Mr Greenwood explained that the property fronting on Atlantic Avenue and
Gleason Street had been assessed on a front footage basis, and the balance of
the land had been assessed as acreage. However, plats had now been filed by
Mr Reid, dividing the acreage in lbts.
City Manager Black reminded the Council that Mr Reid had agreed to install
his own water mains and hydrants in return for his low assessed values, but
recently had requested the City to stand part of the cost of these installations.
Councilman De~itt suggested that a further study be made of the matter,
that the same policy be ~dopted for other developers in other sections of the Cit~
After further discussion, it was the consensus of opinion of the Council
that ~r Reid should be given some consideration, and ~{r Greenwood was authorized
to use the same. values on the 19~8 Tax Roll as were used on the 1947 Roll, and
the Clerk was instructed to ask Mr Reid to appear before the Council in the
near future to discuss the question of water installations in The Village.
Mr John F Voight, owner of a tract of land located at the S ?~ corner of
South Swinton Avenue and ;,th Street, addressed the Council, submitting a
proposition whereby he would deed the North 25' of his property, extending
from Swinton Avenue to 3rd Avenue, to the City for Street widening purposes,
if the City would dedicate 40' of City owned property south of his tract for
a street. The agreement provided that he would ass,~tme the cost of paving
S%~; 4th Street for a width of 11' from ~winton Avenue west to SW 3rd Avenue, at
an estir~mted cost of $1,150.O0. The City would be required to extend SW !st
and 2nd Avenues through his p;'operty a distance of 330', at the time Ath Street
is paved, for which he would pay ~25.OO each, or ~$50.OO. He agreed to add 10~
to' this total figure of ~2,OOO.00, making a cost of ~2,2OO.00 to him, less
$ 600.00 which the City had estimated as a fair value on his 25' strip of land
on 4th Street, making a total of not more than ~1,600.OO he would be required
to pay.
~r Voight agreed to dedicate the Streets extended through his property
as public Streets. He however, recommended that 4th Street be repaired for the
present, and the entire construction work be delayed for possibly two or three
years.
APRIL 21st, !9~8
City Manager Black stated that the increase in construction costs since
this agreement was worked out with the former City l~anager should be taken
into consideration.
The Council agreed to negotiate further with Mr Newton T Miller of
West Palm Beach, Mr Voight's Attorney, in reference to a definite final agreement,
feeling that even though $1,600.00 would not cover the cost of this construction
work, it might be less expensive for the City then the cost of a conden%nation
suit to obtain the land needed for widening SWAth Street. ~o action was
taken at this meeting.
City Manager Black recommended that all Streets .which can be repaired be
built up, patched and oiled, in an effort to save as much of them as possible.
Councilman Kabler also urged that patching of Streets be continued, and
if the money needed is not available, it be borrowed in order to keep the
Streets in repair.
Councilman DeWitt also felt that money could be borrowed for this type
of work if it became necessary, recommendir~ an increase in water rates, which
are very low in comparison with other 'Cities, to provide additional revenue,
stating that now wot~ld be time to raise water rates with the installation of
new equipment and improved service.
A motion was then amde by Councilman Kabler, aeconded by Councilman
MacMillan, that the City ~anager be instructed to fill every hole in the streets
in the City and 'save as many as he can, using his own judgement as to the work
to be done. Upon call of roll the motion carried unanimously.
Council then adjourned.
City Clerk
APPROVED:
Nayor