05-07-51SpMtg MAY 7TH, 1951
A Special Meeting of the City Council of the City of l)elray
Beach was held in the Council Chambers at 7:30 P.M. with Mayor
J. L. Saunder.~ in the Chair, and City Attorney John Moore, and
tho Followiu, g Councilmen ?resent: ]-{. J. Holland, John N. Kahler
and Walter -~. ~oth, a quorum~ing present.
Mr. i{. H. Wellinhrink addressed the Co~cil with reference
to the construction of a Lawn Bowling Court, either at the City
Park, or near the Tennis Co,ts. tie explained t~t in his opin-
ion it would ~e a great asset Fop the City, that it would provide
recreation For older people~ with very little expense to the City.
tie estimated the cost would he approximately ~ 1~800.00~ and Filed
specifications For tl~e building of such Courts. The City would
~e reimbursed by a yearly membership fee of possibly ~10.00 a
year, or a daily Fee. He Felt the Courts would soon be self-
s,]p;,orting, and would attract players from the North.
The Council agreed to consid~r this request when maki~g up
the budget Cop the coming year.
}Ir. Lel~nd gter~' then addr(~s~ed the Co~cil~ with re~erence
to a swimming pool wh. ict~ is being built on Lot l~ Block 15~ Sea-
gate~ by ;.Ir. ~'dw. A. ~chellenherg. lie complMned that this is
a res~dentinl zone~ and t~e Zoning Ordinance prohibits the con~
struction of an accessory building in a I[esidence "A' district~
until the main building is ~mder ~nstruction and has been Fully
enclosed.
City Attorney Moore a~reed theft the provisions of the Zoning
Ordinance were being 'violated by ]4r. 5c~ellenberg~ as well as the
de~d restrictions on this i~roperty; and t~at in bis opir]ion a
swimming pool is an accessory l)uJlding.
Mr. Ralph llughson~ ~uild~g Inspector~ then explained that
originally a ]~ermit was taken o~t CoP a resid~-~ce~ cud permission
was given to build a car-porto Cirst~ which would eventually
come ]~n, rt oC t~e house. The car-porte had ]~een ])uJlt amd used
all winter a.s a tool s~d. This ?ermit bm, d exp~cd arid was re-
newed lms!, J~numry~ and a Cew days ~ater b~r. ~che!lenberg wes give~
a permit to build a swimming pool in connection wil~h his proposed
house. 'However~ the house was never stmrted~ ~d a Cew d~;ys
be did start c,~nsiruction oC the pool.
Mr. !h~,ghson stated Curt~ar tha, t he had inCormed :~ir. 5cbellen-
berg that l~tb ]'~er~,~its ~ad now ex?ired~ and he we~,s in ~olation
oC tho Zooming Ordinance on his car-porte~ m~ the c-nstructio~
off a pool is a~ added violntion.
Attorney u. Y. Byrd also c, mplaimed~ on be]qalC oC his cli(~xt~
Mr. W. 2. ~lmgcnrt~ o~,mer ~:,C Lot 6~ Block 16~ Sea~nte. lI~:, Felt
that a sm~ll pool~ in connection wit]~ a residence~ would be ap-
pr-ved by surrounding property owners~ hut they believed he in-
tended to use the pool in connection with his ~partments~ across
th~ street, lie cont~nded t~at iC }ir. Schellenberg did not intend
to build a re~idonce~ he sho~ild re,~ve the car-porte~ and not l~e
allowed to go ahead ~th t~,e pool.
Protests were also filed by Mr. F. W.Leistikow~ and ~.fr. C.
DeCor (by telegram)~ owners oC property in this vicinity.
ACter Curther e~nsideration by the Co~cil~ a motion was made
by Councilman Kal~ler that the City ~uilding Inspector~ upon ad,ce
oC the City Attorney~ be instructed to see that the Zon~g Ordi-
ne~ce is enCorced~ in this ~mrticular case. ~e motion was sere;nd-
ed by Co mcilman Rot, h, and upon call of roll carried uJmnimously.
A letter signed bY }!r. If. C. 2urton, together ~,~th four
other apartment owners in the vicinity of ~ast Atlantic Avenue
and Bror~son Street, with reference to the o~llection of garbage
in the e~nrly morning hours, was read as f~o].lows:
"~ay 3, 1951
Co~mcil of City of Del rs.y Beach
Delr~y Beach, Florida
I{onorable }?ayor & ~iembers of the Council:
The territory bound ed by Bronson Street on the l{est and
gslins on the '~ast is a heavily populated ¢listrict during the
tourist season by virtue of a great number of apartments and hot-
els being within these limits.
It has been a practice of the garbage collectors to g~ick up
garbage in t~is territory ~t 5:30 A.)i. on ~londay, ~4ednesday and
Friday mornings, much to the discomfiture of the tourists sofourn-
ing within this territory, and bas occasioned the owners, within
the above indicated territory, loss o~ returning tenants because
of the noise occasioned by t]qe collecting of garbage.
~:e have noted by checking over a long period of time that the
trucks pick up this garbage at sai~l 5:30 A.~. ar~l they are again
back within the ssme territory making a second round at about
8:00 A. 1~t.
~e respectfully request that your August body ~11 cause
the route of garbage collection for next season to be establish-
ed to the effect that they will not collect any garbage within
the above in(]icated territory before S:00 A..~i. on any one morning.
Respectfully yours,
/S/ w. C. Burton an~
four property owners"
~ayor Sa~u~ders ex:~lained that the reason for starting garba~e
collections so early in the morning uas to finish before the heat
of the (]ay, and upon motion of Councilman Kabler, sec~.~ded by
Councilman I{oth, an? unanimously carried~ the petition was referred
to the Conm~ittee in e}~arge of Public %forks~ with instructions to
try to rotime t]~is route t(+ correct the complaint.
A letter filer] }~y .~Ir. if. C. Burton, with reference to the es-
tablished grades e~t ant] west of Bronson Street at [{~ st Atlantic
Avo, nue, wI~ieh leaves t~s 2, treet elevated from 18" to 2,P', causJ~g
a serious hazar(], ~¢as read as follows:
"~1ay 4, 1951
Co~mc~l of City of D~lray Beach
Delray Beach, Flotilla
Lant yea~- .'~. Cgren, Arc'~itect for the ~{incroft Inter~st~
obtained from t~.o Engineerir~g ]~epartment of the City of Delray a
profiIe of A~lantic /~venue together with established grades for
the eroct_~on of a building on the S.~i. corner of Atlantic Avenue
and ~rn~:so~. Street. This },['lding ]~as })eeo erected in accordance
with these established
The ~dersi~erq, )qr. W. C. " .
~urton, owns property on the ~
corner of Atlantic Ave. and B~nson St. and has obtained profile
and established grades for a building to be erected on tl~e al)ore
indicated co,er. The k*incpoft l, uilding on the 5J.;~'. co~er has
been erected, and the Building on the S.~. comer is ~der ~n-
tr~,ct to he erected this au,omar.
We ~ind that hetwe~n tl~ese tw,~ pieces o~ l.)?operty there re-
mains an elevated street of 18 inches to 24 inches wl~ich consti-
tutes a s,¢rio~s hazard.
Tho under~igned l~ereby notifies the City of Delpay that any
disal~lity or injury occa~_oned l~y this elevated street will be
tho liability of the City o~ Delr},y, and we respect~lly request
tlqa. t the City i,,~ediat, f¢~y t~-~ke steps to have this h~unp removed
to avoid Oossil)la d~age to life or property.
Respectf'ally yours,
/g/ k*, C. ~urton"
~a.yor ~atmdep~, tog(~tbe~- with Co.mcilmm~ ~lolland and ~ot.h, and
t~ City 2, ttorney, ~.~reed to moot at ~nson Fgtre~t on ;~ednes(la.y
a~tecnoon at 2 o'clock to investigate this situation, and report
back to tiaa Council.
The Clerk advised the Council oC a request received ~rom
Dr. Charlotte ~(. ;~rilkins of North ;qiami, Cop permission to conduct
her l~us~ess on the southwest corner of 5.E. 5th :ave.~ and 2nd St.~
which is in an Apartment Zone.
Upon motior~ oC Councilman I(ahler~ seconded by Councilman
land an~l unanimously capried~ the request was refereed to the Zon-
in~ Board Cop recommendation as to profeszional businesses being
allowed to operate in Apartment-on ¥ es.
The Co~cil was advised of an o~er to purchase a ;'Ionroe Cal-
culating ma. chine~ needed in the Tax l)eportment~ for a net price
~495.00. ~-ts the original ;vrice of the machine is ~;750.00~ less
10~ disco~t~ and less an allowance of ~180.00 for a machine to
be tpaded~ the City Attorney recon,aended that we advertise ~or
bids on tl~is ,)articular machine, and upon motion of Councilm~ Ro~
seconded hy Councilm~ itolland~ and unanimously carried~ the Clerk
was instructed to advertise CoP bids flor one ~donroe Calculator
according to specifications on file in the City Clerk's o~ffice.
The folloW, nS proo~ of publication o~ Public Notice calling
a hearing ~ he held on t]~is date ~o~ objections to two p~posed
legislative Acts~ as amon¢lments to the City Charter~ was spread
upon the minutas as ~ollows:
P~LI C }:0 TI CE
P~LIC NCTIC~ is heraby given that pursuant to Y;ection 191
the City Charter of the City of Delray Beach, Florida, a public
hearing will be held on proposed amendments to the City ChaPter,
such amendmpnts being set f,-,rtb in:
"A BILL TO B~ "~"~ .... "
~,:,~,:t~u: AN ACT TO AMEND SECTION 47 OF CIIAP-
TER 25786, .... c ~ " a SPECIAL ACTS OF 1949, RE~T-
ING TO TIIE EBTABLI~M~fT, JURISDICTION ~,[E SNSSIONS OF Tt;E
~ICIPAL ~U~T ~:~5 T,I'E:, QUALIFICATIONS, APPOINTHENT AND
CO}~EN3ATIOK OF T.I.'~ WJNICIP~a& Jk~C!~ OF ::UCI{ C('U~{I OF TIlE
CI~ OF DEL~AY BE?CH, A HUNICIPiL CO~?O[Ch!ION OF PALM
2,dC,[ ~OUNTY, ~O~IDA.
And
"A BILL TO BE ENTYTLED:" AN ACT DY{O~DING FOR
TUN TEIIRITOIIIAL LI}.gTE OF THE CITY OF DEL".?,Y BEACH, PALM
BEACll COUNt, ~ORIBA, nY ANN~ATYON OF CONTIGUOUS ~IN-
CORP0,U'.TE9 T,~C~., ~F L;~ND h~TIIIN PALM BEACH COUN~I FaO-
glDINa ~UC!I T~CT OF ~AND lbiY BE 2~N~XED BY O~IN~CE IF
T;~, F[[EEIIOLDE!tS, A>]~ FURTHER
PROVID~'G' TIlE )[ETHOD :.[~rD MEANS OF OBJECTING TO =~Y SUCtt
.... . .......... , ~,,Ttt~R PROVI~N& TUAT IF
IIOLDERS WUO A,~E REG!qTqRED ~OT,tRS IN T~ , C(,O~ OF PALM
.... ',~.:.,,. !N TRACT OF LANP, TI~N SUCH TRACT I'~Y BE
ANNEXED O},LY BY A :~kJ .... ITY CF u~,~.~ AT AN ELECTION OF THE
FREEI[OLDERS IN SUCH TRACT, ,~:D Tiie G,,,~'JIOLD~,~S
TT
Q,:ALIFI-,D VOTENg IN T"E CITY 0F TI.T,~IV
Such public he,~ring shall be held at 7:30 N.M. on Honday,
May 7, 1951, in the Co~eil Chambers at the City llall, of the
City of gelray B~aeh, Florida.
/S/ John
City Attorney
AFfidAVIT 0F PUBLICATION
Delray Beach, Palm Beach County, Floffida
gT'~ OF FLORIPA
CO...N~ OF T?~.[ BEACH
Before %he ~dersi~ed authority personally appeared HerPitt B.
Nillisrd who on oath. ways tlmt he is General Manager of the Delray
Beach News, a weekly newspaper published, at 9elr;,y Beach in Palm
Beach County, F].o~ida; that the att~cl~ed copy of advertisement,
being a Public Notice was published in said newspaper in the is-
sues of April 26, 1951.
Affiant further says that the said Delray Bec, ch News is a news-
paper published at Pelray Beach, in said Palm Beach County, Florida,
and that the said. newspaper has heretofore be~ cor, tinuously pub-
lished in said Palm B~ach County, Florida, eact~ Frid. ry and has
been entered as second cla~s mail matter ~l the post office in
~,olrn5- Beach, in so~d Palm neeoh Co,mt5,, FloC. da, For a period of
one y~ar noxt .[:,reccrl~,S the first ;::t~licat, iort of tb,-~ atl..ac!~ed copy
rag a,v~p't~somentl amd afCiant FuPtha~ says t,.at he has neither
paid nor promised any por~on, Firm or corpopatio~ any discount,
relate, com:nission or reF,.tnd for t'e purpose of sec;~cing
a(~vertis~ment ~or p,tblica [i on i~ the said newspaper.
(~AL) ~IS~ )!erritt B. l;illiard
The First qill to ~e considerefl was read in full by the City
Attorney as follows:
A B~L~ TO qF~TLED.
"'"tV ~ v~ FOR cU~'G~ IN Tilt] TEIUUTORIAL
LI}IIT3 OF TIlE CITY ;)F D~IRAY ~ACH,/.VL~ BE..~CII
CCUNTY~ FI, O!lID,,, DY .~N;,A,~TiON OF ~r'YTl,_,E:(~uS UN-
n~OVI~'I''~ L,CJ TRJ,°~
N~X~9 BY ORI)INY~YC~ IF SAT~ TPJ, CT CO~:TAINS LEgS
N~ATION; FUqTIT'~q PROXUqI"G T'~..:~T IF :iOl~
ny A }iIJ{~IIITY 07 VOTEq AT .%Y ']I?CTION 0U
Fil~?lIOi. D~,]P.q IN gUrU ~'IICT, ~N~ TU~
!fCa Aq'~ QU~.LIFIE9 VOTqRS IN T~C CITY OF D~LIL~Y
Councilman Kabler disapproved of changing the working in
Section 1, whereby "any two or more fpeaholdeps of real estate in
the dLstriet so proposed to be annexed, shall ob~ee~ ~ such an-
nexation~ .... "f~om the wordir~g "any four or more freeholders
foal astate, etc." as originally provided. In l)is opinion the
Charter was drawn up with this provision For a specific purpose,
and only ehangiug the title had Been dLseussed at previous meet-
ings.
After furthor ~usideration, a motion was made b7 Councilman
Kabler that the wording of this Act be changed, b,¢rore its sub-
mLssion to the Legislature, to pearl "four om more freoholders"
rather than two as provided in this proposed Act. '~e motion was
seconded By Cotmeilman Roth~ and upon call of roi1 eaeried unani-
mously.
The City Attorney then read the following p~posed Bill:
"A PILL T0 BE ~NTITL~D:
A~.' .ACT TO ALf'qND SECTION 47 OF CHAPTER 25786~
OF FLOAIgA, S~ECI),I~ ACT~ O'F 1949, Ii:]LATINg
EqTABLISU>f?NT, JUXIgDTCTION AND SEF;SIO¥S OF TIlE
}~JNICIPJ, L G TTRT ?ND TUE QUALIFICATIONS, APPOINT}lENT
ANn CO}~[~..[TION OF TIlq MUXlClPAL J~GE OF SUCH
COURT OF THE CITY OF D~,%Y B~A. CI{, A }~NICIPAL CO~i-
PORA~ON aP PALM BP~CII COI~'~, ~OI~DA."
City Attorney Moore explained that the present Charter pro-
vision is tn the affect that the Nunicipal Judge shall be an Attor-
ney~ and that this Act r~quires no qualifications.
The ~x~ayor t~,mn asked For o~.jections to U~is proposed Act.
Attorney C. Y. Byrd addressed the Council, and stated that
he Felt that the City Court had ba{~n elevated in the minds of the
people during the last two years, with an Attorney presJ_ding as
Judge. fie clai:md that a Hunicf~pal Judge, who is l'mt a lawyer,
is apt to prepare h~s case Before it i.s called, which a
Fled Attorney will not do. lle did not think a Judge should be
appointed upon application, but that the Cotmcil should choose
a man they bolieved to 1)e qualified.
Attorney J. tl..adams, Jr, a. gre,~,d that a q~taliffied Attorney,
~.th such experience, should be appointed as i'i'~ieipal qudge,
on~ wert~ available, but he should not be appointed upon applica-
ti(m only.
The Council also agreed that an Attornay should be appointed
For this posit~on, i~ possible, and a motion was made by Co~cil-
man Ksbler that Section 1 of the proposed Act be amended to read
as Fo ].1 ows:
"Section 1: ~t S~etion 47 of Chapter 25786, Laws of Flor-
ida, Special Acts of 1949, be and the same is hereby amended to
read as follows:
There shall be and there is h~reby established in the City of
Delrey Beach, a ~funicipal Court, to be known as "The l'lunieipal
Court of the City off Delrsy Beach, Florida", For the trial of
Fenders against the municipal ordinances. Such Court shall be
s~dod over By Hunicipal Judge Paul E. ~.~gle, who shall serve
until the First i~fonday in January, 1952, at which time the members
of the City Cotmcil at their regular- meeting on the ~rst Honday
in January, 1952, and annually thereafter, will appoint a
eS. pal Judge whose term of ogffice thereafter shall be for one year.
In ~aking such appointment preference shall, be ~ven to an At-
torney duly qu~liFie~ to practise in and before the courts of
this grate, and qusligied in the opinion of the Council flor t~f s
position. ~fe shs. ll be s ~-asident f the City of 1)elray Beach, Flor-
ida." Tha motion was secanded by Co~cilman :~ot, h, and upon call
of roll car"~d ~animously.
The followi~g ?le~olution was th~m presented by the City
torney:
~ESfJLUTION N0. 796
A RESCLUTI0)~ OF TftE CITY COUNCIL OF
CITY OF D~IIt..Y BE.tCII, FL0~IB.t, P~0TESTING
TffW CHANGE 0P XJif~ 0F ~tT C'EIITAIN INCOR-
L/tNB BE~iCII", T0 "DEL~Y-BY-TIIE-SF~".
WII~R~.5S, For approximately ~oPty years the name DelPay, and
the name Deleay Beach, have been used by ti:is 3hmicipality and the
preceding >f~icips!ities, to which this is a successor, and
~41tER~.t.S, the City of Delray Beach has attained an enviable
reputal.ion among the "Florida 5I~icipalities" throt~gh its own ad-
vertising, efforts, and govemv'~mnt, nnd
I~IIEREAS, a Hunicipalit, y ?r,-~rm*~ly ~nown as [ii,alan,; Beach
has petiti(,~'~e~] t~e L'?iislatupe of tl~o Stat. e of Florida to clnan~e
5. ts corpor~te name to
CT~' n~ ~?LR~Y l~,~C~, Aq FCLLO~qS:
1. That this City does l,~polny vJ~orously protest such
proposed ehan~e o2 n~nto l~y ]li,ghland l)each.
2. That t!qis City does !)~pel~y protest any such change
oC name 'of s~ia Ilighl~nd Beach, which would include
tho name o~ Delpay o~ DelP.y Beach.
3. Thpt copies oF th~.s ~e~olution be s,~nt im,odiately
to TTonor~ble qusqe~_l ~. Xor?ow~ ~;tnte Senatop~ fl,mop-
able B. EZqiott~ and ltonopablo John E. qollin~ep~
State Represantatives.
4. That copies o~ this Resolution Be distributed to each
Civ].e ~pgr, nizat]on in the City off l)elr::y Beach~ Florida.
PA2qE~ AND AnO~T~ By the City Cotmcil of th~ City o~ r~elray
Beaeh~ tl~Js 7th flay of "'ay~ X.B.~ 1951.
/S/ J. L. Saunders
}iayor
ATTEST:
/S/ [~utl~, R. qmith
City C1
Upon motion o~ Cotmeilman kabler~ seconded, by Councilman ltol-
land~ and ;manimously capried~ an application for ~)ep:nit to build
one store bt~i. lding in ileid's Village~ on l:]ast Atl~qntic Avenue~
with a width o~ 20'~ was ce~erped to the Zoning Board ~or ~n-
sJdepation~ as it x,,ould be in violation of Ordinance ~7o. G-9C, ~daich
req~ires store build,nfs constructed on Atlantic Avenue to be at
least 25' in wi(Ith.
The following letter ~m the Chamber o~ Com,nerce was
"~ay 4, 1951
The i-~onorahle City Council
Delrny Beach, Florida
Gentlemen:
As no doubt you are aware of the ~act that the ChamBer of
Comme~ee is vitally interested 5n making 1)elray Beach a summer
re~ort, as well as for the ,winter~ I'm again ~,ntacti~;g you
order o~ the Chamber of Commerce directors regarding some assist-
anee to, theft end.
At our last Directors meeting, concern was expressed due to
the fact that the Beach has almost e~mpletely Bern neglected during
the su~er months in the :~ast. ~*~ ffeel, if at all possiBle~ the
City should keep a life gua~-d on duty flor at least six hours each
day during this period of time. ${e furtl,er feel that the beach
should he kept clean~ the ropes in order and the c~nvas top to
rnmnin over the ?avilion platform until necessa~3~ to remove on
account of a. pproaching storms.
We unanimously feel the above me,~taoned is very important
to tho Chambers efforts and tot the good ot oar comnlun~ty.
further feel that our citizons and children ~o~lld be protected --'
in the summer ~,s well as in the winter by hpvJng a life guard on
duty.
M~y I ~k ~hn~ you ~iv~ ~}d ~ m~ter your mos~ s~riou~ eon-
~id~r~ion ~ ~h~ ~rli~t po~ihl~ d~?
Cordial
D~LRAY BEACH CHA~'~ER 0F
/~/ John I. Thieme"
Upon motion of Co,m~lman ~o~?~, ~econded by Councilman K~b-
l-r, ~d unanimously carried, tB~ foregoing Re~olution No.
0 w~ p~ed and ~dop~ed ~
I Upon mo~ion of Couneilmm~ Kal!er, ~ec~mded ~y Couneilm~
T lan~, an~ ~manimou~ly car~ed, ~n application for permit ~o build
one ~tor~ bui!din~ in q~id'~ Vil!~ge, on ~a~ A[lan~ie Avenue, w~th
a width of ~0', w~ referred to the Zoning Board for consideration,
~ i~ would be in vi~lation of Ordinance No. G-~ ~eh r~q~re~
~tore ~dld~ng~ con~tp,~c~ed on Atlm~ic Avenue to ~e at lea~
The following le~er fz~m ~Be Chamber of Cmmnerce was read:
The Clerk was instructed to advise the Chamber of Connnerce
that there is r.,~w, and will be, a. Life &uard on the ~each the year
ronHd~ an~ t~mt two men are employed in cleaning the Beach, ~ld the
streets Ile;~' ~e
Upon motion of Co,mcilmam i[ahlev, seco,'tded by Co,tncilman
and m~r..n:kmo[tsly car?led, Fire Chief Gregory was attthr,rized O9 ~:ur-
chase a motor flor the 2ir Comprecsor, to replace a motor which
has hummed out, at an approximate cost of
Upon motion og Com'~cilman Eel, let, secluded
l;'~nd, a~," ~"~r, imo~sly carried, the Clc, rk w~s instr~mted to a. dvpr-
tJse for ~>ids on one Two Ton Dump Tm~ck for use of tiaa 5~ublic [~orks
Department, according to speeifica~,ions yr~¢pared by H~-. Holland
a~'~d M~~. Cook.
,.ouncxl that t~ ,- g~ttch
>Iiss ?,orothea. fia. lvin ex; laha ef~ to the
Tax Payers Loague ~muld !5ke tn employ someone after !msir, ess hours,
pr¢,fern.Bly an em.[~!oy,e ,~f t.h~ City, to copy ?11 tax r~cords and
a.~esmnents on ,.'roperty on the Bea. c~,, at t?'~eir expense, and upon
motion of CouneJlm~ Xal~ler, second¢~d hy Co,mailman Holland, and
unan:[n,c,u~ly enr?ie~l, thJ. s pPocedllp(~ wl~$ approved.
City Clerk
Na'~rOt