01-25-49 JANU~RY 25TH, 19&9.
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 City Manager Charles E. Black, City Attorney John Moore, and the following
Councilmen present: L. H. Brannon, John N. Kabler, Nell E. MacMillan, and
Walter A. Roth, a _~morum being present.
Mr. Fred Neafie, operator of a beach equipment concession on the ocean front
appeared before the Council, stating that he had been operating his business 200'
feet south of the center of Atlantic Avenue, as he had done last year, and he had
been recently instructed to move farther south on the beach because of the new
pavilion being located south of Atlantic Avenue. Mr. Neafie explained that he
had paid his license fee f~r the 19~8-19~9 season during the summer, so that the
money might be used to help finance beach imorovements at that time, and he had
understood that his location would be the same for the current season as last year.
He complained that as people naturally patronize the nearest beach service , he
would be seriously penalized by being forced to move farther south of the pavilion,
when the majority of bathers enter the beach at the Atlantic Avenue entrance.
City Manager Black explained that he had been asked to move farther away
from the pavilion in order to give bathers who did not care to rent equipment an
open space iH front of add ~rodnd the?pavilion. It had been bhe custom to leave
a space of at least ~00 feet open for public use.
The Council discussed various ways ~f remedying this situation without being
unfair to either concessionaire, and also to keep a certain space on the beach
open for the public near the volley ball nets and the safety ropes.
An appointment was set for 9 o' clock on Wednesday morning at the pavilion
for members of the Council and the City Manager to meet both concessionaires and
try to work out a reasonable location for the placing of their beach ec. uipment,
and also the number of pieces to be on the beach at one time, and the distance
between them.
A redommendation from the Golf Committee with reference to the employment of
a Professional - Greenskeeper at the Golf Co.urse, was presented by the City
Manager and read in full as follows:
"January 18, 19&9
City Council
Delray Beach, Fla.
Gentlemen:
At their recent meeting, the Golf Committee voted in favor of the following
resolutions_, subject to the approval of council.
I - It was decided to hire a pro-greenskeeper who will remain on duty
throughout the year. He is to take charge of the ore-shop, locker
rooms, club-house and golf course and to assume responsibility for
their proper maintenance. The salaries of employees working in the
club-house are to be paid by the pro-greenskeeper, while the salaries
of employees used on the golf course are to be paid by the city.
Compensation for the services of the pro-greenskeeper will be ~200.00
a month in addition to the proceeds from all concessions, including
storage of clubs and rental of carts. The carts are to be oiled and
kept in repair by the pro-greenskeeper. The contract for such services
will be ~n force from the present time to October l, 19~9, and may be
JANU^RY 25TH, 19~9.
terminated with jus% cause with 30-day notice.
The committee feels that a pro-greenskeeper, hired on a Year-round
basis, will take greater interest in the course and will work for
its improvement far more than a pro who must leave Delray during
the summer months in order to supplement his imcome.
2 - It was also decided that a ranger be employed during the months
of January, February, and March at $~0.00 per week. The ranger
is to oversee the players and keep them moving in proper groups
and sequence and, in general, to overcome any confusion resulting
from the crowded condition of the course.
3 - The committee voted unanimously to hire Ralph Stewart as the pro-
greenskeeper from the present time +~ October l, 19~9. He was
considered the best qualified of the applicants for the job.
The committee submits the above recommendations and trusts they will meet with
the approval of council.
Respectfully,
.(Signed) Mike L. Blank
Chairman,
Delray Beach Colf Committee"
Mr. Black explained that the arrangemmnt last year was that the Professional
acted as Club Manager without compens~bion from the City~ but he was given all
concessions; and a Greenskeeper was paid $220.00 per month. He estimated the
income from the concessions would average from $ 50.00 to $ 60.00 a week, not
including income from carry carts.
Councilman Brannon questioned the wisdom of reemploying Mr. Ralph Stewart
after a previous Golf Committee had seen fit to cancel his contract, and the
City Council had upheld this action, believing that other applications should
be considered.
Councilman Roth also felt that it would be better to start with a new
slate.
City Manager Black then stated that two other applicants had been inter-
viewed before the Golf Committee made this recommendation, and two letter~ had
been considered from applicants who would only stay during the winter season.
Mr. Black further stated that the recommendation did not meet with his
approval in view of the difficulties at the Golf Course last summer, but as the
contract would ~e.~made to expier on October 1st, with a thirty day cancellation
clause, in case ~of any difficulty it would be subject to termination. Me agreed
to cooperate with Mr. Stewart and felt that the arrangement would work satis-
factorily.
A motion was then made by Councilman MacMillan that the foregoing recommen-
dation of the Golf Committee be approved.
The motion was seconded by Councilman Kabler, and uoon call of roll carried,
Councilman Kabler, MacMillan and Saunders voting in favor of the motion and
Councilman Brannon and Roth opposing.
The question cf selling the caddy carts to Mr. Stewart, if he is to be
given the income frcm them, and allowing him a certain length of time to pay
for them, or the City retaining title to the carts, was discussed, Councilman
17
JANUARY 25TH, 1949
Brannon not being agreeable to turning the income from the carts over to Mr.
Stewart, as this was one of the issues of his dismissal last December.
City Attorney Moore advised that the carts, if sold, would have to be sold
according to Charther provisions, with full opportunity for competitive bidding
be Lng given.
A motion was then made by Councilman MacMillan, seconded by Councilman
Kabler, to anend the former motion to app~'ove the recommendation of the Golf
Committee which would give the Professional income from all concessions, including
the caddy carts, to provide that the City retain title to the carts and also the
income from their rental. Upon call of roll the motion carried, Councilman Brannon
voting in favor of the amendment, but still ooposing the original motion.
Mr. Madison F. Pacetti, Attorney, representing Mr. C. C. Towns, owner of a
tract of lsnd in Section 17, lying west of the Seaboard railroad tracks, appeared
before the Council with reference ~o a foreclosure deed held by the City of Delray
Beach on this property.
He explained that Mr. Townes had purchased this property from Mr. A. A. Russo,
and had received a Warranty Deed. He further explained that Mr. Russo had received
a nobice from the City Attorney in 1946 that the City intended to foreclose certain
taxes on property he owned. The City Attorney advised him at that time that as this
~..~ land was outside of the City limits it ~ould not be included in the foreclosure
suit, and he had paid all taxes on other properties he owned which were within the
City limits. Mr. Russo, thinking he still had title to the land had later sold it
to Mr. Townes, and it was still later found that ~the City~ 6f DelrayBeach had
obtained title under a foreclosure deed. Mr. Pacetti contended that where a tax-
payer had made an effort to pay a tax, and through a mistake of some official he
had failed to do so, that Would b6 'conSidered a.tende~ o.f,payment'.'~and the tax-
payer should be allowed to recover his land.
Mr. J. W. Nowlin, who was City Attorney at the time the foreclosure suit was
filed, verified Mr. Pacetti's statements as to ~r. Russo's willingness to pay the
taxes due on the .property, and stated that it was not the City's intent to fore-
close on any property not ~ow within the City limits. This particular oiece of
property was included in the suit through error.
City Attorney Moore ruled that in this case Mr. Townes was not a good faith
purchaser, as the City' s deed was on record before he purchased the proDerty.
Russo, of course, was legally notified of the foreclosure suit through publication,
and he should have known of the City' s title before giving a ~A~arranty Deed to Mr.
rownes.
After further discussion the m~tter was referred to the City Attorney for
re commendati on.
The paving of Gleason Street, between Ingraham and Shulson Streets, and the
construction of storm drains on Gleason Street from Shulson Street to Ingraham
Street, and 90 feet east of Oleason Street on Nassau St., having been completed
assessment rolls on the cost of these projects were filed by the City Engineer,
a s follows:
ASSESSP~NT ROLL
Construction of Storm Drains on Gleason Street from Shulson Street to
Ingraham Street, and beginning on Gleason Street and extending eastward on
Nassau Street a distance of 90 feet, and the installation of five necessary
catch basins in conjunction with such Storm Drains.
JANUARY 25TN, 1949
De.scription Owner Fr~.~t Assessment Total
Footage Per Ft. Assessment
W. 15' of Lot 5. Ail
of Lot 6, and E. 20'
of Lot 7, Nassau Park Helen T. LeClere 70' ~ 1.~59 $ 101.21
W. 30' of Lot 7, All
of Lot 8, and E. 12'
of Lot 9, Nassau Park A. L Greenwood 92' " 133.02
W. 38' of Lot 9 and E
30' of Lot 10, Nassau
Park Philip Stevenson 68' " 98.32
E. 30' of Lot ll, All
of Lot 12, and W 1/2
of Lot 13, Nassau Park Hans F. Wreidt 105' " 151.82
E 1/2 of Lot 13, All
of Lot l&, and W. 1~.5'
of Lot 15, Nassau Park Grace S. Weir 89.5T " 129.~1
E. 35.5' of Lot 15 and
W. 19.5' of Lot 16,
Nassau Park James C. Grymes 35.5' " 51.33
Ocean Beach Lot 25 Vincent Giardano 159.&' " 230.&8
W. 8~.&6' of Ocean
Beach Lot 26 Spencer H. Logan 130.38' " 188.52
S. 100' of Ocean Beach
Lot 28, less E. 210' William Wheatley 100' " 1~A.59
Lot 1 less N. 5',
Wheatley Sub'J George B. Moss 90' " 130.13
Lot 12, Wheatley Sub. C.R. Jacoby 95' " 137.36
Lot 13, less N. 5',
Wheatley Sub. George J. ~lum ' 9~ " .!~7.36
1,129.78' $ 1,633.55
Paving Improvement on Gleason Street between Ingraham and Shulson Streets,
Delray Beach Florida.
Description Owner Foot Assessment Total
Frontage Per Ft. Assessment
N 1/2 of Muck Lot
159, less S. 100' Wm. C. Burton 200' $ 2.365 $ &73.O2
S. 100' of N. 1/2 of
Muck Lot 159 Leland ~nd Jana
A. Sterry 100' " 236.51
~JANUARY 25T~, 1949
Description Owner ~ · Front AsseSsment Total
Footage ~ Per~ Ft. As se s sment
Lot 1, less N.
5' Wheatley Sub. Ceorge B. Moss 90' ~ 2.365 $ 212.86
Lot 12, Wheatley
Subdivision C.R. Jacoby 95' " 224.68
Lot 13, less N. 5'
Wheatley Sub. George J. Blum 95' " 224.68
S. 100' of Ocean
Beach Lot 28, less
N. 210' Wm. Wheatley 100' " 236.51
E..30' of Lot 11,
Nassau Park ~ans F. Wreidt 100' " 236.51
E. 30' of Lot 10,
Nassau Park Philip Stevenson 100' " 236.51
W. 84.46' of Ocean
Beach Lot 26 S~encer H. Logan 100.3~' " 308.36
Ocean Beach Lot 25 Vincent Giardano 159.4'. " 377.00
TOTAL 1,169.78' $ 2,766.64
The following Resolutions were then oresented and read in full:
RESOLUTION NO. 717
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLfRIDA, AWPROV~NC ~E REPORT AND ASSESSMENT
ROLL SUBMITTED BY THE CITY ENGINEER OF SAID CITY CON-
CERNING IMPROVE.~ENT nY ~AVING GLEASON STREET BETNEEN
INGRAHAM AND SHULSON STREETS.
WHEREAS, the City Engineer of the City of Delray Beach, Florida, has, in
pursuance to the Charter of said City, submitted to the City Council for approval,
a report of the cost and the assessment roll for paving Gleason Street between
Ingraham and Shulson Streets,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, as follows:
SECTION 1. That said report and assessment roll, as submitted by the
City Engineer, be and the same is hereby approved.
ADOPTED by the City Council of the City of Delray Beach, Florida, this the
25th day of January, A. D., 1949.
(S.igned) J. L. Saunders
SEAL" President - City Council
ATTEST: AWPROVED:
(Sisned) Ruth ~. Smith (Signed) J. L. Sa~nnders
City Clerk ~ayor
JANUARY 25TH, 19~9
RESOLUTION NO. 718
A RESOLUTION OF THE CITY UOUNCIL OF qP~E CITY OF DELRAY BEACH,
FLORIDA, APPROVING THE REPORT AND ASSESSMENT ROLL SUBMITTED
BY THE CITY ENCINEER OF SAID CITY, CONCERNING AN IMPRO~NT
BY THE CONSTRUCTION OF STORM DRAINS ON GLEASON STREET FRC3N
SHULSON STREET TO INGRA~AM STREET, AND BECI~U~ING ON GLEASON
STREET A~] EITENDING EASTWARD ON NASSAU STREET A DISTANCE OF
90 FEET, .~ND ~HE INSTALLATION OF FIVE NECESSARY CATCH B~SINS
IN 00NJUNC?ION WITH SUCH STORM DRAINS.
WHEREAS, the City Engineer of the City of Delray Beadh, Florida, has,
in pursuance to the Charter of said City, submitted to the City Council for
approvaL, a report of the cost and the asses~m~nt roll for the construction
of storm drains on Gleason Street from Shulson Street to Ingraham Street, and
beginning on Gleason Street and extending eastward on Nassau Street a distance
of 90 feet, and the installation of five necessary catch basins in conjunction
-~th such storm drains.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of De]ray
Beach, Florida, as follows:
SECTION]I. That said report and assessment roll, as submitted by the
City Engineer, be and the same is hereby approved.
ADOPTED by the City Council of the City of De]ray Beach, Florida, this
th 25th day of January~ A. D., 19&9.
(Signed) J. L. Saunders
President - City Council
ATTEST: ~PPROVED:
(Signed) Ruth R. Smith (Signed) J.. L. Saunders
City Clerk Mayor
SEAL"
A motion was made by Councilman MacMillan, seconded by Councilman Roth,
that the foregoing Resolutions Nos. 717 and 718 be passed and adopted as read
amd dpon call of roll the motion carried unanimously.
The Clerk was instructed to publish Notices of Public Hearing in the Delray
Beach News for two consecutive weeks, calling for objections to the confirmation
of the above assessment rolls, hearing to be held in the Council Chambers at
7:30 P. M. on Tuesday, Feb~mary 8th.
The following Resolution was then intr, oduced, and same was read in full:
RESOLUTION No. 719
A RESOLUTION OF THE CITY 00UNCIL OF THE CITY OF DELRAY BEACH,
FLfRIDA, RECUIRING PLANS, SPECIFIC^TIONS AND ESTIMATE OF 00ST
OF STREET PAVING IMPROVET.~ETIT ON N. W. 6TH A~.~NUE FRO~ WEST
ATLANTIC AVEN~ TO N. W. 3RD. STREET.
~TANUARY 25TH, 1949
WHEREAS, the owners of a majority of the frontage of lands liable to be
assessed for improvements by the grading and paving of N. W. 6th. Avenue, from
West ^tlantic Avenue to N. W. 3rd. Street, to a width of twenty-two (22) feet,
have petitioned the City Council for such imorovement,
NOW, T~EREFORE, BE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, as follows:
SECTION 1. That the City Engineer be required to submit plans, specificat-
ions, and estimate of cost of such imOrovement to be made, and that the same shall
be placed on file in the office of the City Engineer.
Adopted by the City Council of the City of Delray Beach, Florida, on ~bis the
25th day of January, A. D.. 1949.
(Signed) J. L. Saunders
President - City Council
ATTEST: APPROVED:
Smith (S± ned) Sau ders
City Clerk Mayor
SEAL"
Upon motion of Councilman Brannon, seconded by .Councilman Roth, unanimously
carried the foregoing Resolution No. 719 was passed and adopted as read.
Preliminary estimate of the cost and specifications for the above Street
Paving Improvement was then filed by the City Engineer, and spread upon the minutes
as follows:
JANUARY 25TH, 19~9
The following Resolution was then presented, and same was read in full:
RESOLUTION NO. 720
A RESOLUTION OF THE CITY COUNCIL OF THE CITY CF ~ELR~Y BEACH,
FLORIDA, ACCE~TING PLANS AND SPECIFICATIONS OF THE CITY
ENGINEER FOR CERTAIN STREET IMPROVEEM~NT WORK TO BE CONSTRUCTED
ON N. W. 6TH AVENUE FROM WEST ATLANTIC AVE~rUE TO N. W. 3RD
STREET, AND ALSO WE ESTIMATED COST OF THE PROPOSED I~PROVE-
MENT, WHICH IS SET FORTH IN SAID PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY the C~'ty Council of the City of De~ray Beach, Florida,
that plans and specifications and the estimated cost, amounting to $ 7,256.10,
of the proposed Street Improvement work be accepted.
BE IT ~JRTHER RESOLVED that said plans and specifications of the City
Engineer be filed with the City Clerk of the City of Delray Beach, Florida,
and ~hat the same shall be opened to the inspection of the public, and that
a copy of said plans, specifications and estimate of cost shall be filed in
the office of the City Engineer for public inspection.
BE IT FURTHER RESOLVED that said plans and specifications and estimate of
cost of the proposed improvement cover the following work, to-wit:
Grading and paving N. W. 6th. Avenue from West Atlantic
Avenue to N. W. 3rd. Street to a width of twenty-two (22)
feet.
Adopted by the City Council ~f the City of Delray Beach, Florida, on this
25th day of January, A. D., 1929.
(Signed) J. L. Saunders
President - City Council
ATTEST: APPROVED:
(Signed) R~h R. Smith (Signed) J. L. Saunders
City Clerk Mayor
SEAL"
A motion was then made by Councilman Brannon, seconded by Councilman Roth,
that the foregoing Resolution No. 720 be passed and adopted as read, and upon
call of roll the motion carried unanimously.
A ~etter from the Delray Beach Zoning Board, malting recommendations for
certain changes in zoning regulations, was presented by the City Manager and
read in full as follows:
,'January 20, 19~9
City Council
City of Delray Beach
Florida
JANUARY 25TH, 19~9
Gentlemen:
A Public Hearing was held by the Zoning Board at 7:30 P. M. on Tuesday,
January 18th, to consider a request for the rezoning of the east half of Block
95 and the west half of Block 103 from a Residence B zone to an Apartment zone,
to conform with t~ present zoning of the adjoining half of east Block.
Only one objection was filed, by Mrs. Alice Travnikar, who was in favor of
the change to an Apartment House zone providing only one story buildings were
constructed.
The Zoning Board theref6re recommends that the Zoning Ordinance be amended
so as to classify the East half of Block 95 and the West half of Block 103 as an
Apartment District, for unifo?mity purposes.
After r~consideration of the proposed Ordinance requiring a 35' set-back
from th~ original center of all Streets in business zones, except Atlantic Avenue
and the Federal Highway, the Board recommends that this Ordinance be, adopted in
its entirety with the exception of that part of Section I pertaining to the ex-
ception of the above nemed Streets, recommending that this portion be amended to
read as follows: "Excepting any Street or Streets with a greater width or present
set-back requirement thatn that covered by this Ordinance."
The Zoning Board also recommends to the Council that an Ordinance be drawn
to require a universal minimum set-back of 7~" from side lines in all residential
zones.
After considering the danger in allowing Laundry and Dry Cleaning Plants to
be established in the center of our bus,.ness district, the Board would like to
recommend that an Ordinance be passed immediately to provide that Laundry and Dry
Cleaning Processing Plants be allowed only in Msnufactur~ng or Industrial Areas,
and that all applications for licenses to conduct such businesses be referred to
the City Council for appr, oval. This Ordina.~ce wo~uld not effect businesses already
· established.
Very truly yours,
(Signed).. King s. Cone
Chairman Delray Beach Zoning Board."
A motion was made by Councilman Brannon that the Council uohold the recommend-
ations of the Zoning Board, and that suitable Ordinances b~ drafted by the City
Attorney immediately to amend existing Ordinances.
Attorney J. W. Nowlin, representing Mr. Fon~a~ne Fox, owner of Lots i and 2,
less the S. gO', Block 109, addressed the Council with reference to the recommend-
ations of the Zoning Board regulating set-back requirements on side streets in
Business Zones. Mr. Nowlin complained that where existing streets are EO' in
width, this proposed Ordinance would mean a building must be set back 15' from the
property line on a side street. He stated that Mr. Fox was considering a long term
lease on his property, located on the southeast corner of East Atlantic Avenue and
5th. Ave., and tentative plans had been drawn for the entire 80', observing a 5'
set-back as now required. He asked that if this OrdLnance is passed, the effective
date be set far eno~.~h in advance so that it will not effect Mr. Fox's pending
lease, since that is the only vacant corner on Atlantic Avenue.
JANUARY 25TH, 19&9
Mr. Fox, being in the audience, stated that papers are ready to be si?~ed
for a long term ].ease on his property, and that the lessee planned to construct
a building which would be a credit to the City. He asked that the Com~cil take
no action at this time which would affect this pending lease. He expressed his
willingness to abrade by any future regulations which the Co~cil felt were needed.
Councilman Brannon explained that there is a possibility of south-bound traffic
being routed hhrough 5th Avenue in the near future, which would necessitate the
widening of this Street. He felt that Mr. Fox would be hurt more seriously if
a building were constructed and the land needed were later condemmed.
Mr. Ben Adams also complained of the hardship it would cause to the owner
of.the southeast corner of Palm Street and East Atlantic Avenue, stating that
property in that location had sold for $ 500.00 a front foot. The loss of 10'
of .land would mean a loss of $ 5,000.00 to the property owner. He claimed that
if this proposed Ordinance were passed it would ~njustly penalize Mr. Fox and
and other property owners in the future.
City Attorney Moore than explained that if the property is condemmed it
must be condemmed for public use. A set-backmay be established by Ordinance
tSprovide fire protection between building, or for future street widening.
Mr. Fox believed that his tentative lessee would be willing to set his
building back five additional feet, if this 5' could be used for widening of his
s id ewa lk.
Mr. ~Towlin again asked that if the. Ordinance were adopted, the effective
date be advanced to possibly ninety days in order to allow Mr. Fox's lessee tims
to file plans that would meet with a.oproval and be a credit to the City.
After further consideration by the Council, and upon recommendation of
Mayor Saunders, a public hearing was called to reconsider this prooosed rezoning,
said hen. ring to be held at 7:30 P. M. on Tuesday, February 1st, in the Council
Chambers, and to be a joint meeting of the City Council and the. Zoning
A motion was then made by Councilman MacMillan, seconded by Councilman ·
Kabler, that all other recommendations of the Zoning Board be approved, and that
the City Attorney be instructed to prepare proper Ordinances for adoption by the
Council. Upon call of roll the motion carried unanimously.
A request from Bill Priest that the N. 1/2 of the SW 1/~ of the NE 1/A of
the NW 1/~ of Section 17, now owned by the. City, be placed on the market for
sale, was presented by th~ City Manager. ~he request was tabled to await develop-
ment of this area.
Mr. George Pinckney requested that a vacant lot on Ocean Terrace, opposite
an apartment building which he has recently completed, _be cleaned up as it is a
breedL~g place for mosquztoes and a detrzment to the h~lth of the surrounding
area, as well as a fire hazard.
Councilman Brannon recommended that vacant lots throughout the City be ~
cleaned.
City Manager Black, however, explained that this had not been done beacuse
the cost would be high, and a contract would have to be let for the work. The
property owners could be requested to ~a ve th~-~. work done, and if they did not
then have their lots cleaned the City might do it and assess the cost against the
property..
A motion was made by Councilman MacMillan, seconded by Councilman Roth,
that the Garden Club be asked to cooperate with the City by furnishing a list
of lots they consider in need of clearing, for the ir~ormation of the City
Manager. Upon c~ll of roll the motion carried unanimously.
JANUARY 25TH, 19~9
CouncLlman Brannon advised the Council of the need for an alley or back
entrance to new store buildings which have been constructed on the west side of
Block 98, o~n N. E. ~th. Avenue, between 2nd and 3rd Streets. This was brought
up~ at a previous m~eting and referred bo the City Attorney with instructions
to contact property owners on the east side of the Block with reference to their
donating 8' of land needed for an alley through the center of the Black. As no
results had been obtained by the City Attorney, ~r. Brannon. moved that the City
bring ~ndemm~tion proceedings immediately to obtain the land needed to open this
alley. He further stated that this block has increased greatly from a taxation
standpoint, and he felt the developers of t~m pro~oerty were entitled to this con-
sideration. An alley is badly needed for loading and unloading off of the street.
Councilman Kabler was not in favor of the construction of such an alley unless
the cost could be assessed against the abutting property, including the Cost of
condemnation proceedings. He felt that the owners of the store buildings should
stand the cost of the alley, as the property owners on the east side of the Block
did not want the stores there, nor an alley through the Block. He stated that it
has not been the policy cf the Council to make capital improvements without assess-
lng for the cost, and it would be beyond the financial means cf the City to condemn
property for alleys in this place and several other places where they are needed.
He contended that the people who will benefit by the alley should bear the cost.
Councilman Brannon estimated the cost to condemn the property needed for the
alley vould not be over $ 500.00, and stated that in his opinion it would definite]7
be a public alley.
The City Attorney then offered to contact the property owners again and determin~
what they wo~ld sell the property need for.
City Attorney Moore advised the Council that he had tried to contact Mrs.
Dre~sing, ~he owner of certain property near the Golf Course, to advise her that the
Council had accepted her offer to sell this property for a Drice of ~ 2,000.00,
but ~he had failed to answer his letters.
It was the consensus of opinion of the Council that as her offer to sell the
property at this ~rice had been accepted by the City Council, the transaction had
been consun~:~ated, and it was suggested that she be mailed a deed and advised th.~t
the money was in escrow awaiting return of the signed deed to the City Attorney.
The following letter fzom Mr. John ~. MacNab, owner of the Delr~y Beach Hotel
was prestented by th~. City Manager and read i~ full:
"January 16, 19~9
Mr. Charles Black, City Manager'
City of Delray Beach
Delray Beach, Florida
Dear Mr. Black:
Now that Mr. Talbot' s apartment building immediately adjacent to the Delray Beach
~otel is nearing completion, this letter will not be construed as a block to ~r.
TAlbot's progress. However, I have found from rather hard experience that Mr.
Talbot's construction work from the period, December 1st to date, has Guiet
materially affected our room sales, and produced a somewhat dissatisfied feeling
among our regular clientals.
I, therefore, strongly urge the adoption of an Ordinance by the City Council to
prohibit any construction work in the Hotel and Apartment Zone for the period of
December 1st to May 1st. I make this suggestion not so much to protedt myself,
as I have buildings on either side of m~ now, but also to protect others in the
JANUARY 25TH, 19~9
hotel and apartment field who may face s~lar nuisance in years to com~.
Along this same line of thought, I believe the Council will agree that any
experienced, far-thinking business man would have any income rental building
completed before the start of the regular resort season.
Trusting that such an ordinance will be on the books in the City of De]ray
Beach in the very near future, I am
Sincerely yours,
JKM:GM (Signed) J. K. Mac Nab"
A motion was made by Councilman Brannon that such an Ordinance as suggested
be placed on first reading at this meeting, as a step toward progress.
Councilman Kabler objected to th~ passage of an Ordinance which might pro-
hibit the construction ~f even one building. He felt that cases of this kind
are so rare that there would be no value in plaeing restrictions on building
construction.
Councilman MacMillan contended that building should be encouraged rather
than restricted, especially on the Beach. He felt that a builder might change
his mind if not allowed to build during a certain period of the year, and new
construction would be lost.
Mayor Sa.~nders suggested a period of three months, from January 1st through
March, and only in Hotel and Apartment areas. He was in favor of considering
the protection and coafort of tourists who come here for rest and relaxation,
and he did not feel that th~ progress of the City would be hampered by a three
month' s building ban.
Councilman Roth stated that he would n~ be in favor of shutting down
building construction completely, but the time might be limited so that building
would not start before 9 o'clock in the morning.
After further discussion, a motion was made by Councilman Roth, seconded
by Councilman Brannon, that tbs recommendation be tabled, and upon call of roll
carried unanimously.
City Manager Black advised t he Council that M~. Eugene Bur~ a member of
the Tax Equaliztion Board, h~d suggested that builcings construc~d during the
past year be assessed as soon as possible, and that he be allowed to sit in the
Assessor's Office during the month of March to receive objections on assessments.
This would give people from the Norh a chance to be heard, and their complaints
or objections would then be filed with the Equalization Board in ~ly. He wa~d
only hear complaints and try to explain facts.
Upon motion of Councilman MacMillan, secor~ded by Councilman Roth, the City
Manager was authorized to ask the Tax Adjustmer~t Bo.~-~rd as a whole to proceed in
the manner outlined, rather than Mr. Burd alone. Mr. Black was also asked to
thank Mr. Burd for his interest and cooperation in this matter.
Mayor Saunders recommended that two members of the Tennis Committee who
are holdovers be reappointed, and that Mr. W. Herbert Sweet be appointed as a
third member, to serve with Clarence Etheridge and Dr. E. M. Farber.
Upon motion of Councilman MacMillan, seconded by Councilman Kabler, the
above~eco_~mendation of the Mayor was approved, and the Clerk was instructed to
notify the members of the Committee of their appointments.
Proof of ~he publication of a Notice of Invitation to Bid on the purchase
of one 19~l Mercury T~o Door Sedan was presented by the. Clerk and spread upon
the minutes as follows:
JANUARY 25TH,
"INVITATION TO BID
The City of Delray BeaOh~ Florida will receive sealed bids untill &:30 p. m.
on January 11, 19&9 on the follow~g listed vehicle: One 19&l ~ercury Two Door Sedan ~odel No. 19A.
This vehicle may be inspected by appointment with the City Manager or the
Chief of 'Fire Department, Delray Beach, Florida.
Sealed bids must be accompained by certified check or money order in the
amount of 5~ of the bid presented. The City of Delray Beach reserves the. right
to waive formalities and to reject any or all bids received.
CHARLES E. BLACK
City Manager
December 31, 19&8: January ?, 19&9.
AFFIDAVIT OF PUBLICATION
Delray Beach News
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared William ~. Morrison
who on oath says that he is publisher of the Delray Beach News, a weekly newspaper
published at Delray Beac---h in Palm Beach County, Florida; that the attached copy
of advertisement, being a Invitation to Bid in the matter of City of Delray Beach
was published in said newspaper in the issues of...Dec. 21~ 19~8, Jan. 7, 1949.
Affiant further says that the said Delray Beach News is a newspaper publ~.shed
at De]ray Beach, in said Palm Beach County, Florida, and that the said newsoaper
has heretofore been continuously published in said Palm Beach County, Florida,
each Friday and has b~en entered as second class mail matter at the post office in
Delray Beach, in said Palm Beach County, Florida, for a period of one year next
preceding the first publication of the attached copy of advertisement; and affiant
further says that he has neither paid nor Promised any pers.~n, firm or corporation
any discount, rebate, commission or refu_~d for the purpose of securing this adve. r-
tisement for publication in the said newspaper.
(Signed) Willaim K Morrison
Sworn to and subscribed before me this 7th day of January, A. D. 19&9.
(Signed.) .Kathr~ne P. Morrison
Notary Public
State of Florida at Large
My commission expires
July 27, 1952, Bonded by
"SEAL American Surety Co. of N. Y."
One bid was received in response to th~ foregoing notice, from E. B. Nichols,
in the amount of $ 510.00, which was accompanied by 'check for .$ 50.00.
City Nanager Black explained that the City had no further use for the automo-
bile, that it had had considerable use, but was in' fair condition. He considered
this a reasonable offer.
JANUARY 25TH, 19~9
Councilman Roth suggested that it might be a ~ood policy to keep an extra
car for use during the storm season to save damage to police cars, but Mr.
Black advised him that such a car without radio eo~uipment would be of little
USe in an emergency.
A motion was then made by Councilman Roth, seconded by Councilman K~.bler,
that the foregoing bid submitted by E. B. Nichols, in the ~mo~nt of $ 510.OO,
for the purchase of one 1941 Mercury Two Door ~edan, be accepted, and upon call
of roll the motion carried unanimously.
The foll~ing Resolution, commending Major Charles Johnson of the Salvation
Army for his v~rk in this community, and expressing regret on his departure from
this are~. was presented and read in full:
RESOLUTION NO. 721 ~
JANT_I~Y 25TH, 19A9
Upon m.~cion ~of Councilman MacMillan, seconded by Councilman Kabler, unanimously
carried, the foregoing ResOlution No. 721 was passed and adopted as read.
In a motion by Councilman Kabler, seconded by Coundilman Roth, unanimously
carried, bills totaling $ 16,O75.03 were approved for payment, subject to approval
of the Finance Committee.
In a motion by Councilman MacMillan, seconded by Councilman Kabler, unanimously
carried, an application for license to sell beer at 111 S. W. 5th. Avenue, filed
by Maud Butler, was approved, subject to checking of the distance of the location
from schools or churches by the City Manager.
An application filed by George A. Taylor for license to sell beer at the
Sunny South Elk' s Lodge, N. W. 5th Avenue between 1st and 2nd Streets was also
approved, subject to the. approval of location by the City Manager.
An Ordinance to regulate and control the operation of Auction Oales and
Auctioneers, was brought up f~ first reading, and same was read in full as
follows:
AN ORDINANCE OF 1HE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FL(RIDA, PERTAINING TO AUCTIONS
AND AUCTIONEERS, DEFINING SAME,, REQUIRING THE
POSTING OF A BOND THEREFOR, SPECIFYING Tt~. ~A~TMER
OF CONDUCTING A SALE, PROHIBITING AUCTION SALES
IN CERTAIN PLACES AND ON CERTAIN HOURS AND DAY~,
REQUIRING ~T~EICENSE THEREFOR, AND REQUIRING THE
~LABELING OF EACH ARTICLE SOLD AND PROVIDING A
PENALTY FOR VIOLATION THEREOF.
A motion was made by Councilman Brannon, seconded by Councilman Mac~Nillan ,
that the foregoing Ordinance be placed on first reading, and upon call of roll
~arrie d unanimously.
ATTEST: