08-13-51 8
AUOUST 13, 1951
llegular meeting of the City Council of tile City of l)elray Beach
was held in the Cotmcil Uhambers at 7:30
]{oth in the Chair, and City Attorney John ].ioor~, City )iarmger .~obert
Lovelace, John N. Kahler, and L'.C. !u~grave, a q~orum heiug present.
Hinutes nf meetings of the Council held July 9th, 13th and 23rd
were presented for ap,~roval.
Cotmcilman Jacobs asked t;m.t the following corrections be made
in the monutes of the July 23rd meeting~
1. Pa:ge 1, Paragraph 2, should read as follows: "~otuacilman
Holland moved, that W. C. Husgrave be appointed to fill
the vacancy created by the resignation of Jack L. Satu~ders--"
2.Page 3, Paragraph 6, the word "angels" should be changed
to "angles".
3. Page 3, Paragr,q~Dh 10, should, state that Councilman Jacobs
voted against the increase in license fee for tmspayed
female dogs, but was in favor o{ such ordinance with that
excer, t ion.
A letter from }lr. V. L. Black, Vice-President of the Little
Theatre, with reference to leasing the Civic Center ~uilding for
five nights a month, from ~Yovember through April, was read as fol-
1 ow s:
"August 7, 1951
City of Delray Beach
Delray Beach, Fla.
Gentlemen: Attention: Hr. Lovelace
Following our brief conversation of yesterday, relative to the pos-
sible use of the Civic Center building for presentation of plays by
the Little Theatre of Delray during the season 1951-1952, a meetJ~g
of the ~oard o£ Directors was held for further discussion, iiather
thmn present to you a ~ist of detailed questions it seems better to
summarize the situation in a few paragranhs.
~ill the City of Delray Beach contract with the Little 'fheatre for
the use of the above b~ilding for five nights d,arJng the ~;ird week
of each month, commencing November, 1951 and continuing through April
1952, with the excerption of the month of December when we x~uld pre-
fer the seco~.d week. The specific dates are as follows:
November, 1951 18th through 22nd
December, 1951 9th " 13th
January, 1952 13th " 17th
Februs, ry, 1952 17th " 21st
Hatch, 1952, 16th " 20th
April, 1952 13th " 17th
For rental of the above dates the Little Theatre will pay to the
city, in advance if desired, the sum of two hundred and Fifty (~250.00)
dollars plus a seasonal charge of twenty-five dollars (~25.00) for
permanent use of the room now used for ~)roperties stooge. This will
represent a total rental of two hundred seventy five (~275.00:) dollars.
It is understood and agreed that the Little Theatre will have per-
mission to use the building for r~_~hearsal and erection of stage sets
at any other ti. me the building is not being used for regular purposes,
or otherwise gai.~fully rented by the city. When used for rehearsal
and set building there will be no rental charge to the Little Theatre.
In view of the circt~nstances which I described to you I will greatly
ar, preciate your nrompt consideration and early reply.
Very truly yours,
/S/ V. L. Black, Vice President"
City Manager Lovelace expla~ed that they were offering the
same rental as they oaid last year, althou~ they were asking
use of the building for two ~ore nih~ts a week; but there would be
no conflict with the Youth Recreation P~ogram, and he reco~ended
that lease be ap,roved.
Upon motion of Coun~ilm~ Holland, se~nded by Councilman '
Kabler, and ~animously carried~ the City Ma~ger's re~o~endation
to lease the Civic Center building to the Little Theatre, as outlined
in their let[er above, for a total rental of ~275.00, was app~ved.
The following Ordinate was then brought up fop final read, g,
and same wns read in full:
~ ORDINANCE OF TB;~ CITY COUNCIL OF TH~C CITY OF DE~Y
BEACH, ~Oi~IDA~ RCGULAT~G SO LICITOt:{S, PEDDLERS, I~WK~tS~
ITINERANT ME[tCI-~NTS (.~l~ TIb~NSIENT V~BTI~RS OF MEI{CHAND]SE IN
THE CI~ OF DEL~W BEACH~ ~ORIDA~ DECLAimING IT TO BE A
NUIS~ICE FOK THOSE b~GAGIYG IN SUCH PURSUITS TO GO IN OR
~ON P!II. VAT~ ]{~SII)~]NCES WITHOUT IIAV~NG BE~]N REQUESTED 01{
~It~REOF, AND REPEALING ALL O~{'~)IN~CES IN ~NFLICT HEit~IT~.
BE IT OI~DAIN~) by the City Council of the City of Delray
Beach, Flo~da, as Follows:
Section 1: That the practice off going in and upon private
sidences in the City of Delray Beach, Florida, by solicitors, ped-
dlers, hawkers, itinerant merchant~ or transient vendors of merchan-
dise not ,.~aving been requested or invited so to do by the o~er or
o~ers, occupant or occupants of said p~ivate residences for the
p~pose of soliciting orders for the sale of g~ods, wares and mer-
ch~dise and/or disposing of and/or peddling or hawk~g the same
is declared to be a nuisance and punishable as such nuis~ce as a
~isde~ea~om.
Section 2: That any ,epson violating the pro~sions of this
Ordinance shall upon conviction thereof be Fined not ~re than One
H~dred Dollars ($100.00) or imprisoned not more than thirty (30)
days, or both Fined and imDrisoned in the discretion of ~e Co~t.
Section 3: That the p~visions of this Ordin~ce shall not
apply to the sale, or soliciting of orders for the sale of milk,
dairy products, vegetables, poultry, eggs and other farm and garden
produce so ~ar as the sale of the commodities n~ed herein is no~
authorized by law.
Section 4.: That all ordinances or Darts of ordinances in
conflict herewith are hereby repealed.
PASSim, and adopted on second'and final reading this
day of A.D. 1951
ATq¥~ST: Hayor
Uity Clerk
9
Councilman Jacobs stated that while he was in favor of tile
Ordinance, as long as the Town is small, he did not believe that
local bona-fide citizens should be denied the ~-ight to earn their
living. He suggested that an amendment be ~de to the Ordi~nce to
except lo~al bona-fide residents.
Councilman ~iusgrave also favored such an ame~ment to prote~t
local citizens.
The City Attorney, however, advised that a discrimination could
not be made ~etween people livJng in Town and out of "l'o~n. He also
stated that there would be dan~er in amending t~s Ordinance ~hieh
has ~een passed on by the Supreme 6ourt.
t'{epresentptives fro~ the Fuller B~sh Co;~ The glect~plux Corp.
and the Collier ~'ublish~g Co.~ addressed the Council, all claiming
that the passage of the ~rdin~ee would ~ffe~t local merchants as
well as itinerant merchants. They claimed that their solicitors
are local p~ple, who would be prohibited f~m continuing in busi-
ness by the ~assage of the Ord~e. They also contended that a
firm could not solicit a dry ele~g accost, l~e insurance, or
a news boy could not sell p~ers on the street, or solicit subscrip-
tions to local newspapers.
City Attorney )ioore agreed that local merchants, soliciting
business f~m house-to-house, without invitation, ~ld come under
the Ordinance as well as out of Town solicitors, but he believed the
Ordinance was in. tended to gove~ persons selling merchan~se and
wares, rather than a service such as dry cleaning or instance.
Attorney G.T.B~berg, Jr. of Palm Beach, suggested that all
peddlers be required to re~ster ~th the Police Department, who ~11
then have a record of ~at they are selling, how many salesmen are
working, and how long they ~ill be in To;re. i~hey will be ~ven an
identification card by ~e Police Department to s[~ow that they have
re~stered. In t~Ks way he felt such bus~esses ~uld be controlled
reasonably, rather t~an curtailed ~tirely.
After further consideration, a motion was ~de by Councilm~
~I~grave, that the nassage of t~s Ordinance be held in abeyance~ to
allow time for checking wiih other ~uncipalities who have had exper-
ience with the Ordinance. The motion w~sseconded by Councilm~ }{ol-
land, and upon call of roll carried ~anim~usly.
The ~ollo~ng Ordinar~ce was then brought up for second and ~inal
reading:
AN O'~[DIN~J~C'~] OF '~?~{~ CITY COU~'CIL OF 'i'i~?~ CI~ OF
DELHAY BE2c/~{~ FLO}~IDA~ A>[EbY~)]~G SECTIONS ONM (1)
AND FIVM (5) OF OR~)INf~CE NO. G-121~ P~RTAINiNG
TO CIVIL ])~FE~,~SE I~ S~II~ CI~.
A motion was ~de by Councilman ~.~grave and seco~.ed by Ooun-
cilmam ~[olland~ that the foregoing Ordinance be ~ssed and adopted
as read.
Co~cilmmn Kahler objected to the p~,ssage of the above ordinance
to amend the existing Civil ])eFense Ordinance~ as he Celt the origi-
nal Ordinance ~¢hich was based on State and Federal laws~ was suCfi-
cient~ if a new Director is ap~'~ointed.. He did not believe it to be
imperative that the I~iayor must be the i~irector of the Civil Defense
Orogr~m~ and felt that this Or~]inance would tend to make the Civil
Defense ~rogram inactive.
Councilman Fiusgrave then ~thdrew his motion~ and Co~cilman
Jacobs moved that the Ordinance be held in abeyance For one we~ and
that the ~[ayor recommend the a,~pointment of a iJirector For the exist-
ing Civil !~eCense orgmnization~ to be approved by the City Council.
The motion was seconded by Councilman Kabler, but did not carry
upon roll call, Councilmen Jacobs and Kabler voting in favor of
the motion, and Councilmen Holland, Mus,~rave and iloth voting against
it.
A motion was th. en made by Councilman Holl~d that the passage
of the Foregoing Ordinance be held in abeyance ~til the next
ular meeting of ~e Go~cil, an¢~ that Col. Alton, the Co~ty
Director of Civil Defense, be asked to clarify the recently passed
law as to our ~ght to Federal Aid in p~chasing equipment if we
ap,oint a, Director and continue o~ p~gr~ ~der the original
Ordinance. The motion was seconded by Councilman 5lusgrave, and
upon call of roll car~ed, Councilmen llolland, Kabler, 5iusgrave
and l{oth voting in favor of the motion, a~ Councilm~ Jacobs not
voting.
The Followin¢ letter From Mfs.Dorothy ~. Stollenwerck was then
pead:
"August 9, l~l
City Council of Del pay Beach
Gent 1 m~en:
I have requested a building pemit to build an ext~ded roof over
my driveway at 10 NE llth Street s~nd was informed that application
would be made through your ~up.
About two weeks ago I received a letter from the zoning board ~at
my application had bgen t~ned down. I had upon my application hoped
been present at the time said application was reviewed. I
to
have
feel that I should have been notified that the zoning board was
considering my application so that I would have been able to ex-
press the purposes o~ my request. Please be so ~ind as to ~ve me
the opDort~ity of present~g my case to the zoning board in a
fair and just manner.
Very truly yours,
/S/Dorothy ~;. Stoll~mwerck"
City ~[anager Lovelace explained that ,~*rs. Stollenwerck's appli-
cation For a permit, w~ch would be in violation of s~e yard set-
back re~lations, bad been referred ~ the Zoning Board without
coming through the Co~cil, in error, and reco~ended that it be
referred back to the Zoning Board, and that >Irs. Stollenwerck be
noticed of the date of hearing.
Upon motion of Co~mcilman Ksbler, seconded by Councilman Holl~d,
and ~animously carried., this request was referred to the Zoning
Board, as recommended by the City ~is, nager.
The Following OrOin~ce w~'~s then b~ught up For first reading,
a~ same was read. in Full by the City Attorney:
AN OI:{DINANCM OF Tft:~] CITY ~UNCIL OF TI~] CITY OF
BEACtt, FLOreal)A, A~ES?D]NG SEC-?~lt~NS ~ 2 and 6 OF Ci~PTER
XIV OF TIlE CITY CODE OF TH~ CITY OF Dt~I~AY BEAC~,FLOI{IDA,
PERTA]:NING TO ISSUANCI~ ~F DOG LIC;:]NSES: 'I~;~ F~bJ TO BE
PAil) FOR SUCH LICeNSe]S, AND C;~]i{T. IN COi'DITI~,~:S
?AYSf~NT OF FIFTY C:~NTS f'i,]l~ IfffY, 0[~ FI~kCTION 'i'li~;ilEOF, TO
T}[~ CITY BY TIff: ()ifN~Jl OF A~ k~fI~kL IHI~OUNDED.
Upon motion of Councilman i(ollan~, seconded })y Councilman kablc~~
and unanimously carried, the for~o~n~ Ordinm~ce was nlaced on First
r e ad in g.
An ordinance to clarify the hours d~ing which liquor may be
sold within the City, was Dresented by the City Attorney, and same
was read in full as follows:
AN O~)INANCE OF TH[~ CITY CO~CIL OF Tii~ CIYY OF ~)t~LI~'~Y
B%SCIt, FLD~.[IDA~ AH~NDI::G SEC~()~:S 10 ~5].) 11~ OF CHAPTER
VIII~ OF TI{~ CITY C03E OF THl~ CITY OF DELtLkY BEACtl, ~%OR-
IDA~ ]'~{RTA]?I~G ~ '~q~] ]H,U~{S OF SEi~I,I~:G~ S~]IiViC~] ~21{ CON-
SU~.?TI()~., ON AN]~ OFF T~i',] ?rl~]Y]S~qS ~]~] 5OLD, OF ANY AL-
COH~LIC B~]V~]]hqG?] COVTA. INIUG OV~I{ 1~ ALCOHOL BY ~.G{IGI4T.
A motion was ~de by Councilman ~(abler and seconded by Co~ncil-
man Holland that the foregoi~g Ordinance be placed on ~st read~g~
and unon call o~ roll the motion carried ~animously.
An Ordinance to amend Section 1 o~ Ordinance No. 332, which pro-
vides flor the posting o~ a bond to sec'~_~e payment o$ personal pro-
perty taxes, was j:;resented by City Attorney )ioore, and read in ~ull
as $ollows:
AN Ot{DINANCE OF THE CITY COUNCIL OF T~{]] CIqT OF DEL~.Y
BEACH, FLO~iII)A~ AiV;]~]NG SECTION 1 OF ORi)IN~'CE 332,
P~{~VIDING F~l{ THE ~'OSTI;TG OF A B(~VD TC SlJC~E
OF PERSONAL !-~OP~qI~qW TAX BY 2.1;L P~]i~O~S, I~K)IS Ol{ COt;-
POIbVrIONS AP;~LYI?;G FOF~ A CITY LICE;~:S.% UNDE:x ~]
~0~7 ~AS ]I;~Y;N IN BUSI}.ESS CO¢,TINUOUSI,Y ~X)It A i>i..:i~I(}D OF
T~q~gLV~q 510NTttS P:30~l TO T~:.i.~ ISSU.¢.NCE t~F SUC:~ L1Ci~SE
Upon motion of Councilman [abler, seconded by Councilman Hus-
grave, and ~animously earffied, the foregoing Ordinance was r)laced
on first reading.
An anplication for ~ilding -ermit, ~led by J. C. h'i[liamson,
to ~nstruct a s~re building on Lots 33 and 34, Block 36, was pre-
sented by the Building Inspector, who explained, t~t plans conformed
with ali requirements, except that }'tr. ~/ill~amson plms tofact the
building ~th brick at a later date, and should be Peq ~ipod to set
back an extra 4" to allow for this. tte also stated t~t it was plan-
ned to le~[ve the cement blocks bare on tl~e f~nt of the ~ilding,
and recommended that he be required to stucco the front of ~e
in.g at the time it is built.
After consideration, a mo~.ion was male by Co~cilman Holland, and
seconded by Councilm~ Jacobs, that application be a.p,mved ~5th the
provision that building is set back 20'4", and ~e front is stuecoed
when built. Upon call of roll the motion carried ~.nimously.
The Clerk then presented proof of '-mblieation of Notice to the
Public, calling for objectio~n.s to the installation of storm d. raJ~s
on Sea Spray Avenue, which proof was spread ~,~pon ~e minutes as rollm s:
No objections were filed to the nroposed construction work, where-
~i~on the followin~g i{e~lution w~s intro~ced:
~d~:SOLU~I(.N NO 811
A IlESOLUTION OF T~.~ CITY COU~CIL of
CITY OF D:~L~Y ~AC]t, FLO~IDA,
lNG T}~ CITg M/CfA~E[{ T~ PI[OCE.:I) WITi~
INSTALLATION OF ST()HM I'~[~INS ON
AV .... U~, FIl(~~ N(~T]I OCE~~, B0,~L~.V~,d)
INT~COASTAL WATE[IWAY, T(:G~Ti{ER WITii SEV~f
NECEqSA~Y CATCtl ~"
SUCt{ qT0lhM'~R~~ ~
WIlE~IEAS, the City Co~cil o$ tbeCitv of Delray Beach, Florida,
did on the 13th day of July, 1951, determine the necessity to make
certain public improvements by the installation of storm sewers,
and necessary catch; basins, on Sea Spray Avenue, and
WIIEREAS, the l{esoluiion Oroviding therefor has been duly publish-
ed ~s required By the City Charter, together with a notice that ob-
jections to said improvement would be beard on this date, and
WIU]~{!]7}S, no objections have been made to such proposed imp~ve-
N(~, ~:~.,~:.,(.[~, B~~] I~ ~.',~cr, r~rmn.~,:.,..=.~, by the City ~ouncil of the City
of ~elrmy Beach, Florida, t~lat the City Hanager be, an0 he is hereby
instr,~cted to -~-oceed with the installation of storm drains, accord-
lng to plans s~'.5 specifications he-etofore Filed with the City Mana-
ger, and kept open For the inspection of the
~u~,,~ ir~ de~lar Session on this the 13th day
1951.
/S/ Walter ~.
Mayo r
ATTEST:
/S/ 'uth [~. Smith City Clerk
(Seal)
Upon motion of Councilman;. ;{clitoral, seconded by Councilman i, abler,
and ~animously calcified, ~e Fore~oing ~esolution }~o. 811 was passed
and adopted as read.
A sc~edule of apnroximate asaessments against property affected,
as prepared by the City ~ngi~er, was also File6, which sh. owed the
comparative cost to nroperty owners according to the benefits they
will derive from the im.~ement.
Proof of nublication of }fotice to t~e ~'uBlic, callin,~I fo~~ objec-
tions to the installation of a stor~ sewer drain on the west end
Nassau Street was t~ en ~resented, ~nd read as Follows:
No objections we~e fi le(~ to t, hfs proposed i:~l?~'ove~lent,
City ~2~.~e~ Levels. ce recombinant]ed that work on the ~)l~t:,~ect be held
ab y me, as there j.s a ,os~ibility oC dr~,'~nz.__'~ff t:~is ~re~ in a dif-
ferent ~,~t~d c~esper way, hy ac&~,iri~,ff easements across t~e lots lyi~,g
between ~.~assau a.n~ ~;hulso~ :qtreets,
Upon motion oF Co~u~cilmar~ ;(~bler, seconded ])y Councilman J~cobs~
and unanimously carolled, the above recom~,endation of ?be ~:ity ]'ianager
was accented, the nroject to be held in ~]~ey:~nce tem,'~orarily.
%fith reference to the ~avir~g of ,;.¥,.. 6th Ave. between Atlantic
Ave. and 1st 5treat, 5~r. Lovelace renorted that 75~o of property own-
ecs who would he assessed for the paving were in favor of it. ~e
outlined two alteruative nropositions, as follows:
1. llock the '~resent road at its nresent grade, at an
~,~ste cost of ~:1.3$ Der front foot, or a total cost of ~1,606.00.
2. ~{aise the road level to %¥~e existi~g gr,,de of ~tlantic Ave.
a, d 1st street, at an a,~nroximate~ cost of ,~%;1.94 per f~n% foot, or
a total nest of ~,344.50.
Mr. Lovelsce stated th. st the .c~eaper im~rovement would probably
involve hi~her mai~tenance costs to the City in the :l~bure, as
would still flood, and wash out.
After discussion by the Council, a m-tion was made by Co~cilm~
Holland that actio~ be delayed until the next regular meeting,
in t}]e meautime each Councilman personally inspect the 0r'esent con-
dition of the Street. ]]~e motion was seconded by (3o~u'~ci. lma~': habler,
and cacciad ~animous]y.
Mrs. Lots Rritt, representing the ~.~onts Club, ~!p}'~ear~d before
the Co~.mcil with reference to t~e cor~dition of the Cemetery. ~he
asPed the City to ~)ut the Cemetery in ~od coudition, ~:nd then ap-
poi~t a committee of citizeps to look after it, and also to plan
for its expansion, as the present Cemetery is almost Filled at this
t im e.
She referred to a~ ,?lot plan w~.].c~, }h~. 0gren had made sever~l
years afro for the development of l~nd directly south of the Ceme-
temy, w~,~ch mizht ]~e revived a~]d ~sed.
Councilman Holland then m,~ved that the ',lat prepared by ~.ir.0gren
be invesii.gated., an~ that a co~,mittee be ap;)ointeO to work with him
on the ,~o~sibility: ~ of using, t~.is ~,lat. For the extel, sion. of the Ceme-
tery, and s~ked that the Committee re,:oPt back to the City Council
at tl~e next re..~ula~~ meeti~g. The motion was second(led by Co~uxcilm~
?us,rrave, and upon csll of roll carried m'~.animously.
Mr. Jacobs ex~lair~ed to t~e Co mcil that tl~e City had acquired
two ten ac~e tracts of lan~ south of the Ce,'~et~ry, ~ith the inten-
tion of extandinff the Cemetery. tie s ~"Tested tbs. t oue ten-acre
tract Be used to fill the ]~i~her tr'act, which would p~mvide good
high ground, and ths. t lots be sold there witt~ a provision For per-
petual maintan~nce.
Upon ~otio,: of Councilman Jacobs, second, ed by Councilms~
and ~animous!y car~-ied, bills totaling :;~ 60, 662.45 were approved
For -ayment, su~,ject to a,'~prov~l o~ the Fiance Co:-mittee.
In accordance with the ~rovisions of the City C]mrter, a pre-
liminarv budget For the fiscal year 1951-1952, prepared by the City
Manger, was s~'mitted. A meet-ing of t~e Council was sc]~edaled to
study the :~ro~osed budget in detail, ~d a public hearing will be
held on August 27t, h, the next regular meeting of the Council.
Mayor ~',oth then recommended the ap,~oi~tment of Councilm~n
Holland a~ Vice-}{a.yor, to serve until 'f'~ecembeP 31st of t]~is year,
and upon motion oF Councilman Jacobs, secoy)ded by Councilm~
ka*,lep, and unanimously caPpied, the recommendation of the ~'layor
was aD'qPoved.
The ~eeting then adj,)urned.
'City Clerk
~layor