08-08-51SpMtg A Special ~ieeting of the City Council of the City of Delray
Beach was held in the Council Chambers at 7:30 p.bl. with ~.iayor
Walter A. Roth in the Chair, and City Manager Robert Lovelace, and
the following Councilmen present: W. A. Jacobs, John N. Kabler,
and. W'm. C. Mus~rave, a quorum being present.
City Manager Lovelace nresented the following letter from K.L.
Sharpe, the Contractor who is repairing and painting water tanks
at the ~4ater Plant:
"July 26, 1951
City of Delray Beach
Delray Beach, Fla.
At~.n: Honorable )layor ~ City Councilmen:
Gent 1 emen:
I would like very much to draw ei:~ht thousand (¥8,000.00)
dollars against my Contract amounting to ~!12,980.00, for recondi-
tioning elevated storage tanks and towers, which from a financial
standpoint is $5~ complete.
This work would have been co:r. pleted by now had it no% been
for bad weather the last four weeks. W~e need an additional four-
teen (14) clear working days to complete job.
Requested ~unds needed prior to August 10, 1951. Your con-
sideration appreciated.
Sincerely,
/S/ K.L. (Jack" °harpe"
Mr. Lovelace advised that he considered the work at least
85% ~ompleted, and that the work was satisfactory in his opinion.
IIe recommended payment, of ~8.~ ,000.00 at this time, as requested.
Upon motion of Councilman Kabler, seconded by Councilman Jacobs,
and unanim~,usly carried, t~ds payment was authorized.
A letter from the Village Florist, with reference to opening
a small flower shop in a two-wheeled trailer, was then read as
follows:
"August 2, 1951
City Council
Delray Beach, Florida
Gent lemen:
In ~une this year we made an inquiry ~ith the city license bureau,
concerning a business venture, to determine if there were an ordi-
nance prevent~n~ the operation of such a business.
~e were advised, at a later date, that the City Council had approved
the proposal but that it was discussed outside the regular session
and thus was not recorded on the regular session minute~. ~{e were
also advised, at said time, to write a letter stipulati~g our re-
quest so that it could be presented at a regular session.
The request is: that we be nermitted to open a flower market on the
unoccuDied lot, o~ned by gr. O.D. Priest, opposite the A&P ~ood
Store and between the A&P Food Store and i~argaret Ann parking lots.
The market will be operated ap,roxlmately durlng the months from
December to Hay, It w~11 be a two wheeled, flat bodled trailer
with racks upon which to ?)lace containers of flowers and a small
canopy to p~mtect them from the wearer, er. It will be attractive,
in keeping with the type of ~erchandise sold and the high stan-
dards of Delray Beach and The Village Florist. 'here will be
some manner of landscaping to help beautify the location. Zhere
is no sanitation problem involved as this is not a house-trailer.
If the Council so desires, we will reprove the trailer each evening
and return it in the morning.
This new business would aid the people of Delray Beach in being
able to buy inexpensive flowers at a central, convenient, location
and be doing business with an established, reputable firm.
Your consideration of this request will be appreciated.
Sincerely yours,
/S/ E.T. NaKane
The Village Florist"
After consideration, the Council felt that this would not be
desirable, that trailers should not be allowed in the City, regard-
less of how they are used, and upon motion of Councilman Jacobs,
seconded by Councilman Kabler, and ~manimously carried, the request
was denied.
A letter from R.D. Worthing, Tax Assessor, regarding an error
in assessing the Sea Sage Apartments, owned by Mrs. Nelle M. ~n-
keny, for the years 1949 and 1950, due to a change in the plans
originally Filed with the Building Department, was read as follows:
City Manager Lovelace explained that plans Ymd been filed to
construct a nine unit apartment building. )ir. A_nkesy had died soon
after that, and the building was not constructed. Later, only a
s/s/51 ! ,I 4
five-unit building was built, but the assessment had been based
on %he original plans, ifc reco.~mended t~t a refund be made o£
the over-assessment.
Upon motion of Councilman Musgrave, seconded by Councilman
Jacobs, and unanimously carried, refund was authorized as recom-
mended o
Mro Lovelace then informed the Council t at he had received
an offer from Vincent Ko O'Meara, of ~'iiami, to purchase, for a
nominal sum, an old hose reel wb±ch was the £±rst equipment used
by the Fire Departm'~nt. Mr. O'Meara, he stated, operates a privete
,quseum, or a historical collection of American Fire ~quipment, and
he would restore the reel to its original condition and put a plaque
on~t saying that it was the original hose reel used in Delray Beach.
Councilman Jacobs felt that it should ]:~e preserved by the City,
and moved that, as it was the City's first fire fighting equipment,
it be kept as a relic. The motion was seconded by Councilman ]~lus-
grave, and carried, unanimously.
Mr. Roland ~oyal, on behalf of his client )ir. Fred Ludin.gton,
appeared before the Council with reference to the leasing of a
tract of City owned land fronting on the Inland ~aterway, just
south of S.}!]. 10th St., which he would develop for dockage space,
storage space, and for a service station for yachts. He filed a
tentative sketch of development of the property, which his client
proposed to carry out over a period of years~ starting with the
construction of a sea-wall, seven boat slips, and gasoline facili-
ties, which would represent a ~45,000.00 initial investment, ne
would ask for a long term lease from the City, whereby .as his in-
come from the nroperty increased, the revenue to the City would
increase.
Councilman Kabler felt that the entire property should be de-
veloped for docking fm. cilities, and at one time; that to tie the
property up in a long term lease at a nominal rental at ~s time,
would be jeopardizing the City's interests in the fut~,e.
~qae Council felt that the matter should be ~iven more thought~
and it was decided to hold it in abeyance until t~.e next re~alar
meeting to be held on Au.gust 27th.
A request filed by Attorney .Rhea Whitley to clarify the zoning
of Lots 3 and 18, Williamson-Deibel Subdivision, was read as fol-
lows:
'August 3, 1951
Mr. i~obert Lovelace
City Manager
Delray Beach, Florida
Dear Mr. Lovelace:
It is our understanding that the city is now in process of
adopting an over-all zoning map and plan for the City of Delray
Beach, and that certain dis,uted or doubt£ul areas are robe con-
sidered and clarified in conjunction with the proceedings.
The recent zoning map, according to scale of same, reflects
that all of Lots One and Two and a portion of Lots Three and Eigh-
teen of the Williamson-Deibel Subdivision in the City of Delray
Beach, are zoned for apartment house use. It is our belief that
it was the intent of the city council to z.:.~ne all of Lots Three
and Eighteen for apartments. ()ur belief in this connection is pre-
dicated on the following facts and circumstances:
(a) The deed restrictions imposed on all of the lots in
the subdivision permit apsctment house construction on Lots 1~
2~ 3 and ~S~ and nrov~de for one Saintly reside~ces on the other
subdivision lots. it ap,ears logical and reasonable to ass~e
that it was the intent and ~'~urpose of the city co~cil to provide
zoning regulations for the subdi~sion which would be consistent
with the deed. restrictions.
(b) All oC the adjacent properties on the north and on the
south of the subdivision are zoned Cot apartment house use from
Ocean Boulevard to Gleason Street. This apparently f~ther in-
dicates the intent of the co~cil to zone the Williamson-Deibel
Subdivision in accord~nce with the deed restrictions~ wldch~ as
stated above~ nermit a~artment house construction on Lots 1~ 2~
3 and 18.
For your further info~ati~,n and assista~e in clarifying this
inconsistency ,I am enclosing plat oC the s~division and certified
copies of the original deeds conveying all oC the subdivision lots.
You will note Crom these deeds that all oC the persons ~o purchased
lots in the subdi~sion took title ~dth full knowledge that apart-
ment construction was nermitted on Lots 1~ 2~ 3 and 18 s~ce the
restrictions providing for such use are set forth in full on each
deed.
We will be glad to p~vide any further information which you
might req~re, and it is respect~lly requested that the city
co~cil clarify the zoning map and plan by providing for apart-
ment house const~ction on all of lots 1, 2, 3 ~d 18.
Very t~ly yo~s,
BY~ & WHITL~
/S/ ~ea Whitley"
P.S. It is req-~ested that the enclosed plat, which is our only
file copy, be returned when it has served your purpose."
Mr. Lovelace explained that Lots 1 and 2, adjoining these
lots on the east, are zomed for Special Hotel and Apartment use,
but Lots 3 and 18, fronting on Miramar Drive are zoned for resi-
dential use. Mr. Whitley ~as also ~led photostatic co?ies of deed
restrictions which showed Lots 3 ~d 18 were intended to be 'used
for apartment house constr~action.
After consideration,a motion was ~de by Councilman N~grave,
seconded by Co~cilm~ Kohler, that the above request be referred
to the Zoning Board for reco~endation, and upon call of roll ~e
motion carried unanimously.
City Manager Lovelace presented a Resolution recently adopted
by the American Lemon, with reference to the development of a
tract of land, kno~ as "~urrie Co,on", for a baseball field ~d
public ~)ark. The resolution was r~ad as follows:
RESOLU~0N 0F MILTON-~E]{S POST N0. 65,
~ y
AM~RICAN L~GION~ 1)~L[~ BEAC]t~ FL01tIDA~
s/s/ 1 1 5
R~LATI.~& TO USE 0F "C;~t{iiIE C(',~I~!0N".
Will, Hi,AS, ~fILTON-.~DfER~ !'~0ST N0. 65, ~L~i~C~ I,EG10N, DF~RAY
BEACH, FLOI{IDA, the owner and holder of that certain Lease dated
February 8, 1926, executed by
C~5{P.~NY~ as Lessor, and recorded in Deed Book 373 at page 411, Palm
Beach County, Florida public records, whereby ~der the terms and
conditions of said Lease the 5~ILTON-}~EitS ?OST N0. 65 was gr~ted
and given the right and pri~lege to use CUt{iiIE COLDION ~or a period
of ninety-nine years, as a semi-public ~ark and playg~d, and ~or
the erection of an American Lemon Bulling upon said premises;
WI{E~IEAS, a ~mmittee o~ businessmen o~ the City of Pelray Beach
have requested the members of the Hilton-~lyers Post No. 65 to gr~t
to the City of Delray Beach, the ~ublic, and the Little Lea~e Base-
ball Group~ the right and pri~lege to use Currie Co~on as a public
~rk and playg~d; and
WI{;~]~{EAS, it is the des~e of the members of the Lemon ~ ~lly
cooperate ~th all parties concerned in this ~ine public enterprise,
and to that end the members of the ]~e~on have agreed to donate ~or
an indefinite neriod of time, the use of said Currie Com,~on, or so
much thereof as is needed for a ~ublic park and playg~und, and the
eonst~etion and installation of a Little ~ea~e Baseball Diamond,
and the local Lemon Post lms gone on record agreeing to sponsor
said Little League Baseball Diamond~ and t~e teams which ~11 use
the same.
N0~', T}I~]H:~FOI[E, I{E IT 1-{~]SOLVED BY TitI~ HILTON-MYEt{S POST N0. 65,
A~{ERICAN L~:'~ION, 0F THE CITY 0F DI~]L~%Y BEACH, ~0tffDA, IN re~lar
meeting assembled:
1. ~hat it does hereby al, hate to the City of De~ay Beach, the
public, and to the Little Lea~e Baseball Group, the use of such
Dart or nortion ~,f CURI-III~ C()~Ix~ON as is necessary for park and play-
frond pu~oses, and for the inst~.llation of a Little League Baseball
Diamond., together with such accessow buil~ngs, grandstands and
other impmvemnts as ~11 be needed to nroperly improve and beau-
tify the said CUR~{I~{ C0M~'i0N for said nurposes.
2. TiL'T F~L C00PE~TION IS
American l~eginn in the develo-ment of the ulayground [~mject, to
be placed unon Cupric Co--on, and so ~ong as said roperty is ~ed
as a nublie playgm~d a'r~d park, said ¢roperty is hereby donated
and contributed.
3. That it does hereby go on record as sponsoring ~d sup-
porting the Little Lea~e Baseball Project, m~d ~11 do everyth~g
within its nower to see that the Little Lea~e Baseball activities
are carried forward to a successful conclusion.
4. That it offers its cooperation and support ~ the City in
its efforts and endeavors to develop any p,rt or ali of ¢ur~e
Co~on as a public park and playg~und.
The above and foregoin~ res lution was on motion duly made,
seconded and unanimously carried,adonted by the m~bers of the Hilton-
Myers ['dst ~{o. 65, American be~on, DelrayBeach, Florida, at a regu-
lar meet~g held at the begion Hail on ~ugust 7, =.D., 1951.
ATT ~{S T: BY
/S/ Allan %~;ells Post Conmander
It was explained that in connection with the development of a
Baseball Field, and ~nark facilities for children, as outlined in
the foregoing resolution, the sponsors of the Little ',eague Baseball
team, mostly ~merican Legion m~bers, had as~{ed the City to clear
the land of brtlsh and del'~ris. )Ir. Lovelace estimated tltis ~st
would be pos'~ihly ~150.00, and recommended that the Co~cil gmat
the requests, in retu~'n for w~.ich the City would be benefited by
additional Fark facilities and also a Baseball Field.
After consideration, a motion was ~de by Councilm~ ~abler,
seconded ~y Co~cilm~ bi, grave, and m~imously car~ed, that the
request that the City clear "Gurrie Co~on" Cmn b~sh and debris
be granted as requested.
A proposal of the Jr. Chamber of Corette, to f~nish trash
receptacles for ~e on City streets, and sell advertising space to
local merchants, which would be displayed on four sides of the c~s,
was outlined by the City Mane. ger. ~'hey nroposed to ~rnish possi-
bly ten cans at ~rst, w~ch ~uld probably be placed on the Beach.
The City would empty the cans as usual.
~e Council did not favor the nroposal, as similar offers
~d been tu~ed do~en in the past~ and upon motion of Co~cilman
Jacobs, secm~ded by Co~cilmml Kabler, and un~imnusly carried~ the
plan of the Jr. Chamber of Co~nerce to furnish trash receptacles
for use on City streets, ~vhich ~,,ould display advertis~g on all
.sides, was disan~ved.
Upon motion of Councilman ~abler, seconded by Co~cilm~ Ja-
cobs, and unanimously carried, the City 5lanager was authorized to
tr~nsfer ~21, 000. 00 on deposit in the First hational Bank in ~e
Debt Ser~ce Interest and Sinking Fund account, to a Savings Ac-
count. These ~unds are only drawn upon to make pay~nt of prin-
cipal and interest due on Re,haling Bonds, and will earn l~ in-
terest for the balance of this year, the next interest I~.yment
berg due January 1st, 1952.
}ir. John I. Tl-~ieme, President of the Chamber of Co~erce,
}ir. Geo. Talbot~ Jr. and blt. John Breze, representing the Adver-
tising Committee of th. eChamber of Com:~erce~ appeared before the
Co~cil~ ~th reference to their proposed advertis~g program for
the coming year.
Mr. Geo. Tal~t, Chairm~ of ~is Co~ittee, addressed the
Council. He explained that the Chamber of Conr.~erce is now self-
supnorting, and they were ask~g for an ap~opriation of the eq~iv-
alent of one mill For advertising only. He referred to their s~-
vey of the results of advertising last year, a~ stated that they
were planni~g on yeah-round advertis~g this year, in order to pro-
vide s~mer business and eliminate mid-season sl~ps.
Mr. Breze also stressed the success oC last year's advertis-
ing campai~, and stated that they felt the percentage of ret~n
will be much hi~er still if they can consent rate on su~er adver-
tising this year. lie felt that the results of advertis~g
been nroven, and eacl~t year the City ~ll derive ~re benefits.
The Co~ittee contended that they were not ask~g for a dona-
tion, but acting as an agency in assisting the City in spend~g
its money as ap:-~ropriately as Dossible.
~hen questioned as to the practise of other Cities in sup-
portia the Chamber of Com.~erce, City Nagger Lovelace stated that
his experience had been that they did nothing ~atever. He felt
that il is not the City's business to advertise, but berg a re-
sort tto~, if advertising is a City C~lction, is should be handled
through the City Hall ~d ~der City control, or not at all.
In reply, }ir. Breze explained that the Chamber of Comterce
merely arranged the ,rograms, relieving the City administration of
this res~)onsibility, that no funds are ever turned over to the Cham-
ber of Commerce, b,tt. t~-~nt certa, in advertising bills are paid by the
City upon approval of the:City }tanager. fie Felt that the basic ~nc-
tion of the Chamber of. Commerce is to advertise and n~mote the wel-
fare of the co,unity.
Mr. Lovelace then outlined the proposed budget for the next
fiscal year. Although the Tax Roll will be increased by ~2,000.00
the increase in revenue will be only a~proximately ~,000.00, due
largely to a decrense in millage which m~t be made ~der the State
Cigarette Law. In order to receive revenue From cigarette tax sales,
the operating millage must be decreased each year according to a
achedule set up by the State, ~til it reaches 70% of the 1948 mill-
age, which will cause a reduction in our operating millage ti&s year
to 12.63. Oy including the items controlled by the City Council at
the same Figure as last year, the ~roposed budget for the year 1951-
~..~.xch may ~ave to be off-set
1952 ~11 be ~26,000.00 out
by a garbage collection cbarge, 5ir. Lovelace advised.
After th:~s explanation, 5~Ir. Talbot suggested that m appropria-
tion of 910,000.00 be approved For the Chamber of Co~erce, M'~ich
should not burden the tax-payers, ~.ut urged the Council ~ make a
definite committment so that they~uld proceed ~th t~eir progr~.
After Further discussion, and an explanation of the operation
of the proposed garbage collection fee, and also trash collection
charge, a motion was made by Councilman Kabler that a tentative
Fiche of ~8,000.00 be set up for the Chamber of Conr~erce advertis-
ing program, s~ject to revision after working out details of the
proposed garbage and trash col_lection fees, expendit~es to be subject
to the approval of the City }4a~ger. 'l'he motion was seconded by
Councilman 5fusgrave, and upon call of roll carried ~animously.
Rev. Charles 0. Farrar then addressed the Council, as C~irman
t~ ~inance Co~ittee of the Library Board. lie ~led a report of the
activities of the Library d~in~' the past fiscal year, and asked for
an a~¢ropriation of ~}10, 000. 00 for t~}e year 1951-1952. The report
was read as follows:
a~ceipts
~iemb er ship s ~1014.00
~embersh5p Drive 132.00
Rental s 695.69
Fines 168.32
His c. 76.07
City 4OOO. 00
Donations 120.00
Insurance }~ebate 149.44
Soc. Sec. 47.67
Iqithholdin~ Taxes 492 80
Expendit~es
Salaries 3178.20
Janito r 131.87
Books 461.06
Periodicals 21.15
Postage 44.
Supnlies 237.13
Equipment 898.13
Repairs 112.
Li ~ht s 31,05
Telephone 77 o 39
Water 47.12
Insurance 41. O0
Mist. 455.56
Building Drive 109.80
MfcNaught on 468.40
Soc. Sec. 105.30
~itholding Taxes 541 .S0
Membership
~951 - ~ight Months - Adult Paid 1004 - Juv.Free 465
1950 - Complete Year " " 906 " " 335
1949 - " " " " 869 " " 261
1948 - " " " " 813 " " 299
1947 - " " " " 8
Circulation
~951 - Eight Months - Total - 17~268
1950 - Complete Year - Total -17~369
1949 - " " " 15~578 (Reids Vil.)
~ 948 - " " " 1 ~ ~ 454 " "
1947 - " " " 22~ 638 .(~omen ~ s Clb.)
Appropriation ~or 1951 - 1952
Salaries ~5500
Books 2500
0per,ting Expenses 2000
~10,000
Rev. Farrar advised that tile Library building is being com-
pleted as funds are available, and they are anxious to complete it
as quickly as possible. He felt that the Library is a great asset
to tile City, but books are badly needed, as well as trained assist-
ants for the Librarian.
City Manager Lovelace stated that in his opinion the Library
is definitely a City function, that it is a tourist attraction, and
also a benefit to local citizens. ~e felt it was only a mat~er of
how much the City can afford to ,give them.
After further discussion, a motion was made by Councilman kab-
ler~ seconded by Councilman Musgrave, and unanimously carried, in-
structing the City Manager to set up ~10, 000. 00 in the 1951-1952
budget for operation of the Library, as requested.
A budget estimate for the Youth Recreation Center, filed by
M. }q. Frump, ~irector~ was then mresented by the City Manager, who
pointed out a request for an increase in salary for ~'lrs. Jerri Frump,
Assistant Director, from il;100.00 a month to ~150.00 a month, lie
felt that salaries as set 'up in this proposed budget would be too
high for the time spent.
The Council agree~i that salaries amounting to $300.00 per
month, and ~350.00 durin~ the summer months, would be out of line
with salaries paid other employees of the City, and a motion was
made by Councilman Kabler, and seconded by Councilman Musgrave,
that an appropriation of !~ 4400.00 be made for the operation of the
Youth ![ecreation Center for the coming year. Upon call of roll the
motion carried unanimously.
The bud?et filed by Teen Town Community Cente~' (Colored) for
the next fiscal year, w~':s then considered:
/ This Budget covers the second phase of a five-year development
nro.gram for ~egro recreation ~ere; the first phase included the se-
curing of a five-acre tract ef land and t~e erection of Teen Town
Cente~ which was dedicated officially a year a~ last June. Att-
ached herewith is a scaled layout of t~.e area and the desired im-
provements.
1. Maint enan ce ................. ~560. O0
1. Janitor Service ~240. O0
2. Light, k~ater, Telephone 200.00
3. Janitor and Toilet Sur,~lies 120.00
11. Program and Operation 2464.00
1. Salary of ~orker 1320.00
2. Program Supplies 620.00
3. Entertainment: I(ecords,Film,s,Nets, etc. 452.00
4. Repairs s.nd Inci~lentals 72.00
111. Capital Outlay and Improvement --1508.00
1. Completxon of Teen Toxvn Center 419.00
(a) Painting of Inside ,q~nd Shut-
ters 164. O0
(b) Completion of Front Porch,
Stoop to South Door mqd ceil-
ing of Toilest 255.00
1. Labor ........ 105.00
2. 5iaterials .... 150.00
2. Big Fan for Center 165.00
(a) 52" Fan from 1st Nat'l Bank 115.00'
(b) Installation,Wiring, etc. 50.00
3.Building and Surfacing of 2 Tennis Cts. 899.00
(a) lO0'x90' of Asphalt I{ock
surfacin ,: 700.00'*
(b) 6 Ro]ls of Stucco Netting?
(wire) @ ~16.50 99.00***
(c) 50 Posts @ ~;2.00 100.00
4. InstsllatiOn of Telephone 25.00
Total ~4532.00
. D. Spady, Cha~rman,~anagement 6om.
Spencer Pompey, ]~.xec. Secy.
*The 1st National Bank wants ~140.00 for the f~m, but will sell it
to us for ~115.00
** The Jack E. Carver Const. Co. will put the courts in for 70¢ per
sq. yd. if the City puts a rock base made of the ~ock now Being
put on 10th Ave. , otherwise the cost xcill be ~..,1.20, which is 80¢
cheaper than Snow Const. Co.
*** The Delray Lamber Co. will supply this wire at this figure.
The Council discussed this proposed b:~dget at length. They
felt that the '.~;1500.00 request for Capital Im0rovements was in
reality a City asset, and Co~ncilman Kabler moved that ~ 3,000.00
be annroved for operation of the Center, and ,:~:1500.00 for Capital
Jmn, rovements as requested, with the provision that they will agree
to match this amo~mt either in labor or donati;ms. ~he motion
was seconded by Councilman ~[usbrave, and upon call of roll carried
unanimous ly.
Operation of the' Golf Course had not been included in the bud-
.get, Hr. Lovelace advise(], although a contingency fund of possibly
~10,000.00 should be allowed in csse of a deficit.
The meeting then adjourned.
CitY Clerk
AP ;LqO VF.D:
Hayor