05-11-53 MAY 11, 1953
Regular meeting of the City Council of the City of Delray
Beach was held in the Council Chambers at 7:30 P.M. with Mayor
L. D. Kern in the Chair, and City Att. orney Neil E. ~IacMillan,
City Manager Robert Love]ace, R.J. Holland, and Mrs. Alma k.
Woehle, a quorum being present.
Upon motion of Mrs. Woehle, sec~nded by Councilman Kabler, and
unanimously carried, minutes of meetings held April 2Tth, 2$th, and
May 6th were approved as written.
Public Hearing was held for objections to the clearing of cer-
tain lots which were declared to constitute nuisances by llesolu-
tion No. 898 adopted on April 27th. No objections from property
owenrs were filed, and the following }{es(,lution was presented:
RESOLUTION NO. 899
RESOLUTION REQUIRING OWNERS OF CERTAIN
DESCRIBED LANDS TO ABATE hqfISA~{CES THEREON
OR BE ASSESSED COST THEREOF FOR ABATEMENT
BY THE CITY.
WHERKAS, the City Council did, in regular session held on
April 27, 1953, enact a resolution declaring the existence of a
nuisance upon certain lots or parcels of land for violation of
the Drovisions of Ordinance G-14?; and
WHEREAS, pursuant to said resolution, the City Clerk of the
City of Delray Beach, Florida, did furnish each of ~he owners of
the lands therein declared nuisances with notice that the City
Council would sit on May 11, 1953 at 7:30 o'clock P~M. at the
City Hall in Delray Beach, Florida, for the purpose of allowing
said owners to show cause, if any, why said nuisance described in
said resolution should not be abated; and
WHER~S, pursuant to said resolution, the City Council of the
City of Delray Beach, Florida, did on May 11, 1953 at 7:30 o'clock
P.M. at the City Hall in Delray Beach, Florida, hold the hearing
provided for in such notice, and did consider such reasons and
facts as were presented by the o~,~ers of said lands, and such
other material and pertinent evidence as was adduced before it.
NOW, THEREFORE, BE IT RESOLVED that the existence of a nui-
sance, for the reasons hereinafter set forth, be and the same is
hereby adjudged upon the following lands in the City of Delray
Beach, Florida, to wit:
Ord. G-147 &
Sec. Violated
(*See nature be-
Owner Lot No. Blk. No. low)
Howell E.Babcock
Hotel Statler Del Ida
401 7th Ave.,NYC 6 14 2 & 3
Mfs. Thcs. F. Rice
35 NE 5th Ave.
City 5 & 6 121 1 & 3
F. Chas. & E.Middiman
~o 1st Nat'1 Bk. Vista Del
Hollywood, Fla. I ~L~r 3
Morgan D. Lenke
321 Cleveland St.
Brooklyn, N.Y. 21 125 2 & 3
Wilmina Harvel
216 Dixie Blvd.
Delray Beach 3 & 4 81 1 & 3
85
~iAY 11, 1953
0rd. G-147 &
Sec. Violated.
(*See nature be-
Owner Lot No. Blk No. low)
Henry L.& A.Gordon
Box 1501 0sceola Pk.
Delray Beach I 6 2 & 3
Walter G.& M.R.Sill W.18' of
~ Sill Paper Co. 13, 14 & Seestedt-
51 Madison Ave.,NYC El3' of 15 Stevens 2 & 3
J.W. & L.P.Bam~ow
308 S.Ill.Ave. W 10' of Seestedt-
Carbondale,Ill. 16 & 17 Stevens 2 & 3
Dorothy M. Stayer
114 Bay Way Ave.
Brightwaters E 36' of Seestedt-
L.I., N.Y. 13 Stevens 2 & 3
Rose Miro
Spicer Rd. 0sceola Pk.
Westport, Conn. 18 7 2 & 3
K. T. Wynmalen
233 Highland Ave. N. 100' of
Ridgewood,N.J. E 1/2 of 63 2 & 3
James T.Bransfield
6123 N.Richmond W 150' of
Chicago 45, Ill. S 1/2 of 164 2 & 3
Mrs. J. W.Moore
101 NE 1st St. A - Pine
Delray Beach 7 Ridge Hts. 1
*(Nature of Nuisance Specified: "1" means there are trees, debris,
or vegetation, which, by reason of height, proximity to neighbor-
ing structures or physical condition are hurricane hazards; "2"
means there are weeds exceeding 18 inches in height, and which
either exhale obnoxious odors or constitute a likely source of
disease or physical distress ~o human beings; "3" means there is
trash or filth which is likely to be detrimental to the health and
safety of the inhabitants of the City.)
AND, BE IT FURTHER RESOLVED That .the City Clerk of the City
of Delray Beach, Florida, furnish each of the owners of the lands
hereinabove listed and described with a copy of this resolution
by register, ed mail, return receipt requested.
AND, BE IT FURTHER RESOLVED that each of said owners be and
they are hereby notified that they are required to abate the nui-
sance hereinabove adjudged and specified within thirty (30) days
from the receipt of a copy of this resolution; otherwise, in de-
fault thereof, the City of Delray Beach, Florida, will enter upon
said lands and abate the said nuisance hereinabove specified and
will levy the cost of such work as an assessment against the pro-
perty hereinabove described.
APPROVED this llth day of May, A.D., 1953.
/S/ L. D. Kern
May or
ATTEST:
/S/ Ruth R. Smith
City Clerk
(S~L)
MAY 11, 1953
Upon motion of Councilman Kabler, seconded by Councilman Hol-
land, and unanimously carried, the foregoing Hesolution No. 899
was adopted.
Public hearing was then held for objections to the granting
of a Certificate of Public Convenience and Necessity to Norman
Townsend, 118 N.W. 6th Ave., to operate one Taxi-cab.
No objections were filed, and upon motion of Councilman Hol-
land, seconded by Councilman Kabler, and unanimously carried,
cerise was approved as requested.
A petition protesting the change of zoning of Lots 13 - 20,
inclusive, Delray Manor Subdivision, from a Residence "B" to a
Residence "C" zone, without notifying owners of adjoining pro-
~erty, and holding a ~ublic hearing to consider such zoning change,
was filed, and read in full as follows:
TO ~iE HONORABLE COUNCIL OF TtIE CITY OF DELRAY BEACH, FLORIDA:
We, the undersigned, being owners of property adjoining and
abutting Lots 13 2o 20, inclusive, Delray Manor, an addition to
the City of Delray Beach, Florida, and owners of property within
one block thereof, do hereby join in a petition protesting against
the passage of an ordinance, No. G-163, entitled "An Ordinance of
the City Council of the City of Delray Beach, Florida, Placing
Lots 13 to 20, inclusive, DELIblY MANOR, in Residence "'C" District,
passed in Regular Session on second and final reading the 28th day
of April, 1953, and require you to suspend the same from going
into operation, and we respectfully request that you repeal said.
ordinance, and in support hereof say that neither notice was given
nor nublic hearing had as required by Section VII of Ordinance
No. 365 of the City of Delray Beach.
Respectfully submitted this 11th day of May, 1953.
(Signed by 12 property owners)
City Attorney MacMillan advised that the Zoning Board had not
complied with the terms of the Zoning Ordinance by calling a public
hearing of adjoining property owners, and therefore the zoning
would probably not be upheld by the Court.
The following Ordinance was then presented by the City Manager:
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA,
REPEALING ORDINANCE NO. G-163
Upon motion of Councilman Holland, seconde~ by Mrs. Woehle, --
and unanimously carried, the foregoing Ordinance was placed on
first reading.
Application for license to sell beer and wine at 613 NE 8th
St., filed by Michael P. Cor~.igan, was presented by the City Mana-
ger, who explained that the Council had previously granted Mr. Cor-
rigan a license for a liquor package store at this location, but
license had been refused by the State Beverage Department under
the nopulation law.
The Council felt that a Beer and Wine Bar would be more ob-
jectionable than a Liquor Package Store, and that property owners
in the vicinity should be given an opportunity to be heard, before
license is granted, and upon motion of Councilman Holland, second-
ed by Mrs. Woehle, and unanimously carried, action was deferred
until the next regular meeting.
Mr. Corrigan, being in the audience, stated that he had leased
this store after the Council had granted him a license for a Liquor
Package Store. He now planned to open a Delicatessen Store, in
order to use the lease, and was requesting a license to sell beer
and wine in connection witN such business.
A letter from the Tax Assessor, pertaining to the issuance of
$7
MAY 11, 1953
duplicate Tax Sale Certificates, was read as follows:
"May 6th, 1953
TO: City Council
Thru: City Manager
Application is hereby made for AUTHOHIZATION to issue "DUP-
LICATE" Tax Sale Certificates for those listed below which have
been LOST or DESTROYED by the individual holders thereof.
Legal ri~t, title and interest to the Certificates listed
herein is known to be vested in Hamilton C. Forman and Charles
R. Forman, as reflected in the records of the Tax Office, by ap-
plicant.
· ax Sale Cert. Date For Tax Year
No. 264 6 -6 -50 1949
265 " "
266 " "
267 " "
161 6-5-51 1950
162 " "
163 " "
164 " "
/S/ R. D. Worthin~; Tax Collector"
Upon motion of Councilman Holland, seconded by Councilman Kab-
1er, and unanimously carried, the resignation of Mr. Webb from the
Golf Committee was accepted with regret, and the Mayor was asked
to thank Mr.Webb by letter for his services for the Golf Club.
Mr. Lovelace then advised the Council that William DaCamara had
been recommended by the Golf Committee to replace Mr. Webb, and upon
motion of Mrs. Woehle, seconded by Councilman Kabler, and unani-
mously carried, Mr. DaCamara was appointed as a member of this Com-
mittee.
City Manager Lovelace submitted the names of Mr. W.CotT~ingham
Allen and Mrs. Clark Wormer as two additional members to the Tennis
Committee, stating that they were acceptable to both sides, and he
would recommend their appointment.
After discussion, a motion was ~ade by Councilman Kabler and
seconded by Mrs. Woehle that Mr. Allen and Mrs. Wormer be appointed
members of the Tennis Committee, as recommended. Upon call of roll
the motion carried unanimously.
A report from the Delray Beach Garden Club wi hh reference to
the beautification of East Atlantic Avenue was read by the City Mana-
ger as follows:
IT IS SUGGESTED:
That the Beautification of Atlantic Avenue be divided into three
projects as follows:
1. Atlantic Avenue east of the east Bridge approach.
2. The Approaches of the Bridge, east and. west.
3. Atlantic Avenue west of the Bridge to the Federal Iii~hway.
The Proposal found outlined in %l~is portfolio deals with plant-
ing Adonidia Palms in Project No. 1., Atlantic Avenue East of the
East Bridge Approach in the areas now sodCed with St. Augustine grass.
Committee
Pro ject No. 1
Beautification of Atlantic Avenue
Delray Beach Garden Club:
Mrs. Karl Snyder, Beautification Committee Ch.
Mrs. M.M. DeWitt, President
Mrs. Lowell D. Kern, Vice-President.
May 11, 1953
Men's Garden Club of Delray Beach: Mr. Herbert Post, Beautification Committee Ch.
Mr. Frank Tukey, Member of Beautification Committee
Mr. M. M. DeWitt, President
Beautification Committee, Planning Board:
Mrs. Karl Snyder, Chairman
Mrs. Lowell D. Kern
Mrs. M.M. DeWitt
Recommendation of Adonidia Palm as Subject for Planting:
The joint committees of the Delray Beach Garde~~, Club, the Men's
Garden Club of Delray Beach, and the Beautification. Committee of
the Planning Board of Delray Beach recommend the planting of Adon-
idia Palms in the areas described as Project No. 1, Beautification
of Atlantic Avenue for the following reasons:
1. The areas to be planted are only 30 inches in width, preclud-
ing any type of trees which might ultimately exceed that width at
their base in maturity causing damage to sidewalk and curbing, and
much damage if removal were later found necessary.
2. A slender yet hurricane-resistent, salt-spray withstanding,
beautiful subject which, once established, will require only a
reasonable amount of care and maintenance is needed.
3. All descr~.ptions of the Adonidia Palm, whether found in printed
matter or verbally given by nurserymen and landscape designers of
the. area, point to this Palm as distinctive and worthy of the use
proposed for it in beautification of Atlantic Avenue.
Descriptions of Adonidia Palm:
Edwin A. Menninger, Stuart. From "1953 Catalog of Flowering
Tropical Trees"
"Merrill's Palm (Adonidia merrilli). Graceful feather-leaved
snail palm, native of Palawan, Philippine Islands. Used in Manila
as a street and patio palm because of its moderate size, attractive
smooth trunk and its spectacular bunches of superb bright red frui~
sometimes two inches long."
Harold Mowry - "Native and Exotic Palms of Florida", Bulletin
152. Agricultural Extension Service, Gainesville, Fla.
"Adonidia merrilli Becc. Manila Palm. Philippine Islands.
'A medium-sized palm with graceful, somewhat curved, pinnate leaves,
somewhat resembling the belelnut palm, but not so tall. The leaves
are rather glaucous and the pretty crimson fruits are borne just
below the leaves in medium-sized bunches, the individual fruits
being less than 1 inch long. One of the most ornamental medium-
sized palms, which thrives remarkably well in Manila.'--E.D.Merrill
This palm is well adapted to the calcareous soils of the low-
er east coast and is excellent for planting in small home grounds."
L.H.Bailey - "Manual of Cultivated Plants", revised edition,
1949.
"idonidia, Becc. One showy pinnate monoecious unarmed palm
native on Coron an:~ Palawan of the Philippines, now planted in
S. Florida. Trunk single, solitary, stocky, strongly ringed,
crownshaft long and prominent at the base of Maich the stout branchy
spadices are borne: pinnae regularly placed along the mid-rib,
attenuate to apex, bearing a prominent nerve or rudge on either
margin as well as at the center. Fruit large and handsome. Adonid-
ia: from Adonis, mythical youth of beauty.
Adonidia Merrilli, named for Elmer Drew Merrill, Botanist,
Arnold Arboretum.
Number of Trees Needed and. Nurseries Contacted:
Pending final cross-lining of the adjacent parallel parking
areas in the section described as Project No. 1 by the State Road
May 11, 1953
Department, it is tentatively estimated that approximately sixty
(60) :mlms will be required.
Delray Beach Nurseries, Delray Beach, number and size of Adonidias
required, not available.
Mike Blank Nurseries, Delray Beach, telephone inquiries on two
occasions, information asked for unavailable to present time.
Walter Shealy's Nursery, Delray Beach, Adonidias too small for pre-
sent planting of Project.
Boynton Nurseries, Boynton Beach, Adonidias of proper size in nur-
sery but number needed, not available.
Island Landscape, Palm Beach, Adonidias of proper size not avail-
able.
Bonita Nurseries, Miami, Florida, bid submitted on guaranteed palms.
Summary of Requirements and Availability:
A. The Bonita Nurseries can provide the approximate number (60) of
Adonidia Palms, 5-6 ft. tall with 12"-18" of trunk, at a g~oup
price of $12.50 each, deliver them to the Project site in Delray
Beach, supervise their proper planting, and guarantee their survival
under planting and maintenance conditions which they will provide
the City and Committee.
B. The City of Delray Beach should assume the following:
Have the holes dug to receive the Palms
Provide the labor for the nlanting.
Provide for any safety devices such as lighting of area of piles
of soil or other temporary hazards.
Provide for regular and thorough watering program as recommended
by Bonita Nurseries for the requirements of their guarantee.
Provide the dairy compost suggested as part of the soil re-
quirement at the roots of the trees.
C. The County Commission, on recommendation of Mr. Ben Sundy, Com-
missioner from Delray Beach, may be expected to cooperate in
the provision and hauling of the required good quality of roil to
be mixed with the compost and placed in the holes for the f~ture
steady growth of the Palms.
D. The Delray Beach Garden Club has $730 available and ear-marked
for the project when requirements and needs are provided for.
E. The Men'sGarden Club, through its Beautification Committee,
offers its personal assistance in whatever ways are needed to
consummate the Project with complete success.
F. The Beautification Committee of the Planning Board has recom-
mended the Project as worthy and workable.
ADDENDA:
On Friday morning, April 24th, the members of the Committee
visited the Bonita Nurseries, Miami, on recommendation of liarry
Dunaway, Superintendent of the Fairchild Gardens, and inspected
the Adonidia Palms available for the Project. They were found to
be well-grown sturdy subjects, of equal size, and the proper size
to be transplanted to ~e area of Project No. 1, and showed pro-
mise of becoming beautiful specimens for the adornment of the plant-
ing areas east of the Atlantic Avenue Bridge.
Photo of Adonidia Palm growing in the office garden of Dr. Gra-
ham W. King, S.E. 5t~ Ave., taken by Mr. Frank H. Seely, Jr., mem-
ber of Hen's Garden Club.
Mr. Lovelace explained that Project No. i will require about
sixty trees between the bridge and Ocean Blvd.; that the Garden Club
would buy the trees and the City and County together would supply
9O
the muck, and that this program be approved.
Mrs. M.M. DeWitt, President of the Women's Garden Club addressed
the Council. She stated that only the Bonita Nurseries in Miami
have the amount of trees the size and price needed; that the trees
are now about 5' tall with a trunk of about twelve inches. This
Nursery will deliver fifty or more trees for 912.50 each, supervise
planting, and guarantee the trees.
A motion was then made by Councilman Holland and seconded by
Mrs. Woehle, that the offer of the Delray Beach Garden Club to buy
Adonidia Palm trees for the beautification of East Atlantic Ave. be
accepted, and upon call of roll the motion carried unanimously.
City ~Ianager Lovelace advised the Council that the new water
wells being constructed had been tested and one was found to be -
poor. However, the Engineer~ believe that an additional well can
be located on the south and west section of the City-owned Water
Plant property, where the iron content wi1 be lower than further
east along the railroad, and where tests have shown that water
is plentiful and of better quality. Being a gravel-wall well
it can be built in sand formation.
The Contractor has agreed to construct this additional w ell
at his average contract price of $5,000.00 while he is here, Mr.
Lovelace stated, and he recommended that contract be extended to
cover one additional well at this price.
After consideration, a motion was made by Councilman Holland
and seconded by Councilman Kabler, authorizing the City 1~ianager to
proceed with the construction of one additional well on the Water
Plant property, 'at a cost of $5,000.00, as recommended. Upon call
of roll the motion carried unanimously.
Application for permit to construct an Automobile Display build-
ing for used cars, filed by Joe Rose, Sr., on the N.W. corner of
the N. Federal Highway and 4th Street, was presented for approval.
The sketch filed showed only a frame roof on steel poles, which
could later be converted into a display room. All building code and
zoning requirements would be complied with.
Councilman Kabler objected to approval of this application until
a front elevation of the proposed building is submitted, and stated
that he felt plans should be drawn by an Architect for all buildings
on the Federal Highway.
After further discussion, the City ~Ianager was instructed to
have ~ir. Rose furnish ~urther details and also a front elevation
of his proposed building, before permit can be approved.
City Manager Lovelace advised the Council that street improve-
ments being financed by the Revolving Improvement Fund are nearing
completion and recommended that engineering work be started on the
following two projects, previously approved by the City Council, in
order that work might begin as soon as sufficient assessments have
been paid back into this fund:
1.N.E. 2nd Ave. from Atlantic Ave. to N.E. 2nd St., to its
full width, complete with curbs, gutters, and sidewalks.
2. S.E. 3rd Ave. from Atlantic Ave. to S.E. 2nd St., to its
full width, complete with curbs, gutters, and sidewalks.
(This would route some traffic over 2nd St. and relieve
Atlantic Avenue congestion).
Councilman Jacobs urged the Council to improve S.E. 4th Street,
from S. Swinton Ave., across the F.E.C. Railroad, to the Federal
Highway, as the railroad crossing has been completed and the open-
ing of this street is es.~ential.
City Manager Lovelace agreed that the opening and improvement
of S.E. 4th St. is important, but stated that one right-of-way is
still needed.
N.W. 1st St. improvement is also important.~r. Lovelace advised,
from N.W.lst Ave. to 10th Ave., part of ~uich has been partially
paved; and this is the No. l~project on the list of street improve-
ments requested by the Negro Civic League; also tile new Fire Station,
if and when erected, will probably be constructed on N.W. 1st St.
and 1st Ave.
MAY 11, 1953
Councilman Kabler felt it would be wiser to improve S.~. 1st
St. from 3rd Ave. to Federal !ti~way, rather than 3rd Ave. from
1st to 2nd Streets.
Mr. Harry P. McKesa~, Chairman of the City Plartning Association,
recommended that the improvement ofS.E. 1st Street from 3rd Ave.
to the Federal Highway be included in the project outlined by the
City Manager, and upon motion of Councilman Kabler, seconded by
Councilman Holland, and unanimously carried, the City ~,ianager was
instructed to proceed with engineering studies on the projects re-
commended, above, including the improvement of S.E. 1st Street from
3rd Ave. to the Federal ltighway, and S.~. 4th Street, from So. Swin-
ton Ave. to the Federal Hi,away. Upon call of roll_ the motion car-
ried unanimously.
City Manager Lovelece explained that the liquor zone on the
north side of East Atlantic Ave. had recently been ext~ended to 350'
west of Ocean Blvd. instezd of 350' west of the present line, which
would include LeDomaine Restaurant. Ifc presented the following
Ordinance which would extend the zone in which liquor may be sold
to 450' west of the west r/w line of Ocean Blvd., ~bich was read as
follows:
AN 0RDINAbICM OF TU~ CITY C(.,UNCIL OF TI.~
CITY OF I)ELRAY BF.~.CIf, FLOFtIDA, AMb]NDI~G
S.ECTION 17, AS AM~NI~EI), OF CiiAPTFA{ VIII
OF ~I~{~ CITY CODE OF DEL~AY B~,CtI, ~'LOR-
IDA, BY AUTIlORIZI~q'G SAL~ OF INTOXICAT-
ING LIQUORS -ON T~E NORTH SIDE OF ATIANTIC
AVENUE EXTENDED F~{0M 0CF~AN BOULSVAI{D WEST
A DISTf~WCE OF 450 FEMT.
A motion was made by Councilman ~iabler, and sec~.nded by Council-
man Holland, t"~at the foregoing Ordinance be placed on first read-
ing.
Mr. Fred Scott, owner of the Seacrest Hotel, and i.lr. F. S. Mad-
daford, owner of an apartment b.~ilding immediately north of LeDom-
aine Restaurant, filed protests against a liquor bar operating at
this location, especial'y if allowed to remain open until 2 o'clock
in the morning.
They were advised that if a nuisance is created by the operation
of such business, it wil! be corrected.
Upon call of roll the above motion carried unanimously.
Upon motion of Councilman Holland, seconded by }irs. Woehle, and
unanimously carried,, bills totaling $88,984.28 in all Departments,
were approved for payment, upon approval of the Finance Committee.
Mrs. Woehle then stated that the City Park has been greatly
improved, and some local citizens had inquired if the Council would
be agreeable to having them Form a Committee to sponsor free summer
concerts in the Park, at no expense to the City.
The Council was in favor of such a ~roject, as it felt the Park
should be used for the benefit of the public.
The meeting then adjourned.
City Clerk
APPROVED:
Mayor