06-11-51 JUNE llTH, 1 951
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 J. L.
Saunders in the Chair, and Councilmen W. A. Jacobs, John N. Kabler,
and Walter A. Rot~, a quorum being present.
Councilman Jacobs requested that the paragraph in the minutes
of the meeting held. May 28th, referrin,~ to the employment of a Life
Guard for the Municipal Pool, be corrected to read that the "Civil
Service Board be requested to submit recommendations to the Council
for the employmemt of a Life Guard."
The minutes of May 28th, June 2nd and June 6th were then ap-
proved as corrected.
Attorney Rhea Whitley addressed the Council on behalf of Totter-
dale Developments, inc. He stated that Mr. Totterdale would agree
that is and when there is a street to connect to his intended right-
of-ways in the proposed plat of Totterdale Addition, on the north
and west, he would dedicate these right-of-ways for use of the public.
Until that time his dedication of street right-of-ways would serve
no purpose except to benefit the adjoining property owners. He ask-
ed the Council to accept the plat of Totterdale Addition with this
provision.
Mr. Whitley also stated that if a p~oposed plat complies with
t~e City Charter provisions with reference to the platting of pro-
perty within the City, as this plat does, he did not believe the
Council could refuse to approve such plat.
Co~mcilman Kabler contended that as Mr. Totterdale had agreed
to provide an ~utlet to Lake Ida, for fUture City planning, such
street should be included in the plat the same as other streets,
and also a right-of-way on the north, if it will line up with the
right-of-way provided in the adjoining Subdivision. No further action was taken.
The following petition, Filed by property owners affected, ask-
ing the City to vacate an alley in Block l-B, Lake View heights,
was read:
"June 8, 1951
The Honorable Mayor & Councilmen
City of Delray Beach, Florida
Gentlemen:
We the undersigned property owners of Lots 11 & 12, 13 & 14,
Block 1-B Lakeview Heights in the City of Delray Beach, do hereby
petition the City Council to ab,~mdon the 16 ft. alley wkich runs
between the two ~roperties as shown on the accompanying sketch.
This alley has never been used assuch and could never be ex-
tended to the next street due to the fact that the house on the lot
adjoining to the south is directly in the path of where the alley
would be.
It would be agreeable to leave a five-foot easement for utili-
ties.
RespectCully,
/S/ Clare Virginia Meyers
John C. Lee
Mary S. Lee
118
6/11/.51
The Council was of the opinion that dedicated alleys might be
grassed, but should be kept open for public use, and upon motion
o~ Councilman Kabler, and unanimously carried, the petition was de-
nied.
A letter from Hr. W. C. Burton, owner of property at the south-
east corner of Bronson Street and East Atlantic Ave., was read, as
follows:
"June 7, 1951
T° the Hayor
Delray Beach, Fla.
Hon. Hr. Saunders:
The writer wishes to express appreciation for the very prompt
attention given to the lowering of Bronson Ave. at Atlantic Ave.
enabling the contractor to proceed with our building without delay.
When talking to you just before I left for Webster it was your
advise that I w~ite a letter to the Council relative to the two
palm trees that are located in front of the property at 1406 E. At-
lantic. It is my request that you will allow me to have these two
trees moved from the public space to the north of the sidewalk to
a point south of the walk on the property and within tM ten foot
setback area. These two trees are very attractive an~ add to the
appearance of the property. The expense of moving trees wtl be
paid_ by the writ er.
Your prompt approval of the above matter will be appreciated,
so that I can advise the builder to have them moved at the time
that will work in with his building program. Thanking you for your
early reply and with best wishes for a pleasant summer, I am
Very truly yours,
/S/ W. C. Burton
A Committee consisting of ~'~ayor Saunders, and Councilmen Jacobs
and Roth agreed to meet at this location on Tuesday, June 12th, at
10:45 A.~. to go over the situation.
The Following letter from the Jr. Chamber of Commerce was read:
"June 7, 1951
City Council
Delray Beach, Florida
Gent lemen:
The Delray Beach Junior Chamber of Commerce respectfully recom-
mends that the City of Delray Beach repave N.E. 1st St. from the
canal to Second Avenue to its full width. We, alse recommend that
this be done to all streets, whenever such street is torn up for
storm sewer or any other major job.
The Safety Committee recommends that Eighth Street be made a
thru street from Swinton to the Ocean and that a stop sign be placed
on Second Avenue and a caution sign on Eighth md that a blinker
light be placed on the old ~ixie.
/11/51
Your immediate attention to the above recommendations would
be appreciated by the Junior Chamber of Commerce and. ~by the Safe-
ty Committee.
Respectfully submitted,
JUNIOR CHAMBEH 0F COMMERCE
~S/ Sidney Zuckerman, President"
The lights referred to in the above letter have been install-
ed, and the suggestion that N.E. 1st Street be repaved to its full
width, was referred to Councilman Holland for study and recommend-
ati on.
A letter from the Colored Voter's Committee, requesting the
paving of certain streets in the colored section, was read as
follows:
"June 8, 1951
Dear Councilmen:
SUBJECT - Recommendation for street paving in the Colored section.
1. N.W. 10th Ave. from the community center to St. John Baptist
Church.
2. N.W. 5th Ave. from 2nd St. to 3rd St. then to Carver High
School.
S. S.W. 4th Ave. from Atlantic to the Episcopal Church.
4. N.W. 1st from 8th Ave. to the Sea Board Station.
5. 9th Ave. from 2nd to 3rd St. N.W.
6. N.W. 7th Ave. from 1st to 3rd St.
7. llth Ave. from Atlantic to 2nd St.
8. Sidewalk accompany item number two.
Voters League Committee
/S/ O. F. Youngblood L. Brunner
W. Hardwick"
The above letter was also referred to Councilman Holland. for
recommendation.
Mr. Garland Thayer, Contractor, appeared before the Counci 1,
requesting a letter from the City to the FHA to the effect that
there will be no further assessment for streets in Plumosa Park.
Up&n advice of the City Attorney that a letter could be given
to the effect that there will be no additional assessment for the
initial installation of streets through Plumosa Park, a motion was
made by Councilman Kabler, that the City Attorney be authorized
to write such a letter, to be signed by the Mayor and City Clerk.
The motion was seconded by Councilman Jacobs, and upon call of roll
carried unanimously.
Councilman Roth recommended that when new streets are built,
a guard, or concrete curb, also be built to prevent the street
from breaking away. The Council felt that such a requirement
should depend on the use of the street, as it would greatly in-
/11/ 1 9
crease the cost of the paving.
Upon motion of Councilman Kabler, seconded by Councilman Roth,
and unanimously carri.ed, 1940 Street Paving Lien assessed against
Lot 7, Block 5, Dell .Park, was cancelled, as the City Attorney
advised, that the lien was not valid because of failure to give
notice to the State of Florida, who owned the property at the time
the assessment was made.
A request of the colored American Legion Post No. 188, for fi-
nancial assistance in completing their Recreation Hall, was denied,
as the City Attorney advised that the Council has no authority to
make a donation of that kind to a private Club.
Two recomendations from the Civil Service Board f~ a Life ~uard
for the Municipal Pool for the summer months, were read as follows:
"June 4, 1961
Ruth Smith
City Clerk
Delray Beach, Florida
Dear Mrs. Smith:
The Civil Service Board has certified Mr. Bert L. Wagner as Life
Guard for the Municipa; S~imming Pool in the City of Delray Beach,
Florida.
His services shall be required for the summer season.
Sincerely,
/S/ Florence M. Brown
Secretary,Civil Servic e
Delray Beach, FloNi~a"
"June 7, 1951
Ruth Smith
City C1 erk
Delray Beach, FloNida
Dear Mrs. Smith:
The Civil Service Board has also certified Dan W. Ward for the
position of Life Buard for the Municipal SMimming Pool in the City
of Delray Beach, Florida.
A choice may now be made between Mr. Bert L. Wagner, who was certi-
£ied by the Boar(] a few days ago and Mr. Ward for the position of
Life Guard.
Sincerely,
/S/ Florence M. Brown
Secretary, Civil Service Board
Delray Beach, Florida"
· 6/n/51
As Dan Ward has been employed by Mrs. Yates, the ~ool Mana-
ger, and she preferred that he continue through the sun~ner, a mo-
tion was made by Councilman Roth, seconded by Councilman Jacobs,
that the appointment of Dan Ward as Life ~uard at the Pool for
the summer months be confirmed. Upln call of roll the motion carr-
ied unanimously.
The Clerk advised the Council that four bids had been obtain-
ed for the purchase of two fans for the first floor of the City Rail,
as follows:
Thompson Electric Co. - 24" Emerson Fans - 2 speed - ~131.00 ea.
Arcade Electric Co. -" " " " " - 115.00 "
Southern Electric Co. -" " " " " - 100.00 "
Butler Mercantile - ~FM24M21 Pedestal Fans (GM) - 130.00 "
Upon motion of Councilman Kabler, seconded by Councilman Jacbos,
and unanimously carried, the bid submitted by the Southern Electric
Co., in the amount of ~100.00 eachiFor two fans, one for the Tax
and Water Department, and one for the City Clerk's office, was ac-
cepted, as being the lowest and best bid received.
Bills totaling $65,158.86 were approved for payment, subject to
approval of the Finance Committee, upon motion of Councilman Jacobs,
seconded by Councilman Kabler, and unanimously carried.
The following Ordinance was then brought up for first reading,
and same was read in full:
AN ORI)INi~CE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, PRO-
VIDING THAT ANY STRUCTURE, OBSTRUCTION
OF ANY NATURE, OR ANY GROWING BUSH, HEDGE,
PLANT OR TREE WITHIN THE FRONT SET-BACK
AREA OF ANY LOT LOCATED IN ANY BUSINESS
DISTRICT FRONTING ON ATLANTIC AVENUE OR
SIXTH AVENUE IN TH,~] CITY OF DELRAY BEACH
FLORIDA, WHICH CREATES A TRAFUIC HAZARD TO
BE A NUISANCE; PROVIDING A PENALTY, AND
FURTHER PROVIDING A SEVEP~iBILITY CLAUSE.
A motion was made by Councilman Roth, seconded by Councilman
Jacobs, that the foregoing Ordinance be placed on first readirg, and
upon call of roll the motion carried unanimously.
With reference to the extension of the storm sewer drainage
line to the alley south of the Bon-Air Hotel, which was discussed
at a previous meeting, a motion was made by Councilman Kabler that
the Consulting Engineer, Mr. Geo. Brockway, be authorized to p~eed
with the necessary engineering plans to provide for theext~sion of
this drainage line on N.E. 2nd Ave. to the necessary point in the
alley south of Atlantic Ave. to provide for adequate drainage. The
motion was seconded by Councilman Roth, and upon call of roll car-
ried unanimously.
Upon motion of Councilman Kabler, seconded by Councilman l(oth,
and unanimously carried, the Clerk was instructed to contact the
National Cash Register Co., the Burroughs Adding Machine Co., a~
/ll/ l
the Underwood Sundstrand Co., requesting proposals for furnishing
a bookkeeping machine for general accounting work, proposals received
to be then considered by the Council, the Tax Assessor, and the City
Clerk.
The payment of delinquent County taxes on three parcels of land
acquired by the City by tax foreclosure in 1947, was authorized, upon
motion of Councilman Kabler, seconded by Councilman R~,,oth, and unani-
mously carried.
City Attorney ~loore recommended to the Council that a survey be
made of the land the City proposes to purchase from the Estate of
Billie Turner, described as Blocks 26 and 27, Homewood subdivision,
which is adjacent to the 5iunicipal Golf Course, and by motion of
Councilman Kabler, seconded by Councilman l(oth, a~d unanimously
carried, such a survey was authorized.
Councilman Jacobs then stated that some sanitary sewer work
would have to be started in the near future. Some years ago a com-
plete Dian for an over-all sewer system was submitted by an Engineer-
ing concern, Mr. Jacobs explained, and another survey was made in
1947 by Smith & Gillespie, Engineers, of Jacksonville, Florida.
This survey was finance~ by a Federal Government loan, which must
be repaid when the project is started. ~{e contended that if the
firm of Smith & Gillespie is not employed as Engineers when such
sewer project is undertaken, the City may be obliged to also pay for
for another set of plans.
Mr. Jacobs was advised by the Clerk that the plans and specifi-
cations, submitted in 1947 by Smith & Gillespie, Engineers, and app-
roved by the Federal Government and the Florida State Board of Health,
are now the property of the City, and together with a]l data cc~cern-
lng this survey, may be inspected by anyone at any time, which Mr.
Jacobs promised to do.
The meeting then adjourned.
City Clerk
APPROVED:
Mayor