06-28-49 JUNE 28TH, 1949
Regular meeting of the City Council of the City of Delray Beach
was held in the Council Chambers at 7:30 P. H. with Vice-Mayor Nell
E. HacMillan in the Chair and City Attorney John Hoore, City Hanager
Charles E. Black and the following Councilmen present: John N. Kabler
and L. H. Brannon, a quorum being present.
Vice-Mayor MacMillan gave the audience this opportunity to be
heard on any matter.
Mr. Blank, Chairman of the Golf Conunittee, stated a membership
drive should be made in order to finance the additional nine holes of
the Golf Course. The Golf Committee and the Chamber of Commerce had
been formulating plans for a membership drive. The Golf Committee
recommended a two-year family membership be offered for one hundred
dollars ($100.00). The Chamber of Commerce recommended a two-year
membership be one hundred twenty-five dollars ($125.00) as neighbor-
ing eighteen-hole Golf Courses offer yearly memberships for seventy-
five dollars ($75.00). Hr. Blsnk recommended a two-year single
membership fop seventy-five dollars ($75.00) and a lifetime membership
for one thousand dollars ($1,000.00). Hr. HcFadden, Member of the
Golf Course Committee, reported he had met with the Chamber of Commerce
on several occasions and offered the opinion nov is the time to pro-
ceed with the special rate for financing completion of the Golf Course
while Hr. Blank is supervising construction and has his equipment at
· the Golf Course. Effective date of the special rates was set to
October 1st.
Councilman Brannon made a motion the City Council authorize the
Golf Committee and the Chamber of Commerce to proceed with the fund-
~aising plans as outlined with regard to completion of the additional
nine holes at the Golf Club. Councilman Kabler seconded the motion
which was carried unanimously upon call of roll.
Mr. Evensen, Secretary of the Chamber of Commerce, read a letter
from the Chamber of Commerce outlining plans for a fund-raising
campaign.
(Copy of letter in June 23rd meeting)
Councilman Kabler made a motion the above recommendations be
included in the motion made with regard to the fund-raising campaign.
Councilman Brannon stated the motion made would include any plans
they had in mind.
Councllman Brannon proposed the Council adopt an ordinance re-
stricting and regulating future signs on business buildings and pro-
vid!rig signs be hung parallel to - rather than at right angles with
the building. A period of eighteen months would be allowed for con-
formity. Councilman Brannon explained a haza~d'would be removed
during the hurricane season both as to property damage and personal
injury and would coincide with the plans of the Civic Garden Club
which was authorized by the City Council to plant trees on Atlantic
Avenue in line with the idea for overall beautification of Delray
Beach,
185
JUNE 28TH, 1949
Hr. Clement objected, stating the proposed ordinance vas
unnecessary since he believed o~ners of overhanging signs would
protect their investment during h~rrlcane season. Hr. HcFadden
also held the proposed ordinance to be unnecessary, explained
he believed one result would be unwarranted expense to the merch-
ants. Hr. HcFadden suggested the Council contact 911 merchants
for an opinion regarding the proposed ordinance.. Hr. Butler said
he knew of only one case where a sign had blown do~n during a
hurricane and that this sign was one of his own ~hich was fiat
against the building. He further stated his belief this method of
hanging signs would be further expense to the merchants, who have
already invested in signs off this type with the expectancy
approximately thirty-years (30) service From the signs. Hr. Lee
stated it would constitute a hardship if he were forced to
locate his sign since he bellves the sign could not be seen if
moved back six feet From the highway. This sign, he stated, was
being financed over g period of five years. Councilman Brannon
made a motion the ordinance be amended to allow a period of five
years, thereby permitting currently financed signs to be amortized.
Hr. Butler said he could see no objections to'over-hanging
signs and would not be in favor of the ordinance regardless of
the time granted.
Hr. Nowlin proposed an brdinance be passed requiring dis-
mounting of signs during the hurricane season to avoid creation
of a hazard during that'time. Hr. Butler asserted he did not
believe such an ordinance necessary as signs considered hazardous
are always removed at this time.
Councilman HacHillan, at this point, set forth scenic im-
provement as one important reason for this ordinance, and Council-
man Kabler agreed City Beautification is an ~objective of the
ordinance.
Various objections were offered from the audience.
Councilman Brannon withdrew the motion and proposed the
ordinance be postponed for future consideratLon.
Councilman HacHlllan read a letter from Dorothy Day Hitche11,
representing The Delray Beach Property 0~ners Protective Association,
Inc. requesting an ordinance prohibiting uns~.htly signs and bill
boards.
WJune 17, 1949
Hayor Saunders and
Hembers of the City Council
Delray Beach, Fla.
Dear Sirs:
I note with great satisfaction the action of the Council on June
15th in regard to regulat1~n of realtor signs in Delray Beach.
JUNE 28TH, 1949
On January lOth, the POPA wrote to the Council asking that they draw
up an ordinance which would do away with all billboards and similar
advertising signs within the city limits. It would seem to me that
this provision should be included in any new ordinance.
The fine efforts of many of the merchants in cooperating with the
Garden Club's projects have improved thelooks of our shopping dis-
trict to a marked degree. This improvement can be carried a step
further in other districts by prohibiting unslgntly signs and bill-
boards anywhere in town, and especially on the Federal Highway and
the Ocean Boulevard.
Sincerely yours,
(Signed) Dorothy Day Mitchell
Dorothy Day Mitchell
Vice-President~
Mr. Nowlin, member oF Property Owners Protective Association,
Inc., also spoke in behalf of passage of such an ordinance.
Following discus~ion by the Council, Councilman Brannon made
~ motion an ordinance be adopted limiting all bill board advertising
on the streets of Delray Beach and the Federal Highway and approaches
to Delray Beach on other highways unless the signs advertise churche~
or the City of Delray Beach. Councilman Kabler seconded the motion
which upon call of roll was carried unanimously.
City Manager Black read a letter from Delray Beach Contractors
Association requesting the Council draw up and adopt an amendment
roViding for return to building permit fees as set Forth in ordinance
296 prior ~ the latest revision.
~June 28th, 1949
The Honorable City Council i Delray Beach
Delray Beach, Florida.
Gentlemen:
It has come to our attention, that there is a movement on foot
at the present, to return to Building Permit fees as were in force
before the latest revision.
We have checked into this matter with a designated committee in
order to cooperate with our Building Inspector in an endeavor to haw~
such a revision made at once.
We feel that we have a very efficient Building Inspector in Mr.
Schrader. We further feel that his office should be a~self sustaining
as possible and therefore we are ready and willing to assist in any
reasonable way to accomplish that end.
~e Further Feel that the proposed fees as submitted by the Building
Inspector's office are reasonable for conditions in our section and
36
~ ~STH, 1949
therefore respectfully request you to draw up and adopt a proper
ordinance to put such into Force.
Hespect~ully yours,
DELRAY BEACH CONTRACTORS
ASSOCIATION
(Signed) John Io Thieme,
JIT:cr John I. Thieme, Presidento~
Hr. Schrader, Bullding Ins.pector, explained to the Council
there should be an addition to the code of August 28, 1939 and re-
quested an amendment be adopted increasing the rate of building
permit fees.
City Manager Black then read Table No° 3-A Uniform Building
Code 1946 regulating building per, it fees.
TOTAL VALUATION FEE
o.oo .....................
to and including $ 100o00 1o00
More than ~100°00, to and including ~00o00 ........ ~o00
More than ~00o00, to and in¢ludLn~ ~?00o00 ........ ~o00
More than $?00o0~, to and including $1,000o00 ...... ~.00
Each additional $1,000o00 o~ fraction, to and
lncludin~ $1§,000o00 ................. g. O0
Each additional $1,O00~O0~or fraction, to and
including $§0,000o00 ................. 1o00
~ach additional $1,000o00 o~ frac%ionexeeeding
$§0,000o00 0.§0
Councilman Brannon asked for what purpose the building permit
fees were used and City Manager Black explained they were turned in
to the General Fund as they were not sufficent to carry operating
expenses of the building inspector's office. It was anticipated the
increase in fees would enable the Building Inspectors salary and
expenses to be met satisfactorily.
Councilman Brannon moved the amendment be adopted, Councilman
Kabler seconded the motion and upon call of roll it was carried
unanimously.
Mr. Schrader, Chairman ~ the Board of Electrical Examiners read
a letter from that body listing the names of candidates passing the
examination For electrical contractor's license.
~June 28, 1949
To:The Honorable Mayor
and City Council
In accordance with the recent amendment to the Electrical ~ode
a combined oral and eritten examination was given on June t8, 1949
to the following candidates:
JUNE 28TH, 1949
Chester A. Collins W.D. Meadows
W. T. ~oolbright E.L. Davis
i. ¥. Milan L.T. Plautz
L. ~. Cook
After careful grading of both oral and written answers, the
Board of Electrical Examiners finds the candidates listed below
eligible for contractos' license{
Chester A. Collins
V. T. Voolbright
A. ¥. Milan
W. D. Meadows
L. T. Plautz
Hespectfully submitted by:
(Signed) C. W. Triest
chairman
($igned)F. J. Schrader
secretary"
Councilman Kabler moved the candidates be declared eligible
for license. Councilman Brannon seconded the motion and upon call
of roll it was carried unanimously.
Mr. Schrader, Building Inspector, addressed the Council con-
cerning Mr. J. H. Pelly's request for a permit to add two bedrooms
and bath to a guest house located at 409 N. E. Ninth Avenue, an A
Zone. As Building Inspector, Mr. Schrader stated he was unable to
~rant the permit without approval of Council, due to violations of
A Zoning. He suggested to the Council possible amendment to A
Zoning be considered in the Future.
Mr. J. W. Ooherty, from the audience, speaking for Hr. Pelly
stated this was the guest house of his mother-in-law and would
acc0modate his wife, three children and himself. They would use
it as sleeping rooms only, as they would all have their meals in
the main house.
Councilman Brannon moved the permit to Mr. Pelly be granted.
After a second by Councilman MacMillan, the motion was carried
unanimously upon call of roll.
A letter from Cunningham Jewelers, in Fort Lauderdale,
questing a solicitors license to sell jewlry from house to house
was read by City Manager Black.
JUNE 28TH, 1949
'Cunningham Jewelry Co.
219 S. Andrews Avenue
Fort Lauderdale, Florida
June 15, 1949
City Commissioners
Delray Beach, Fla.,
Gentlemen:
Ye enquired at City Hall, License Commission, about a
solicitors license for outside sales on jewelry. Ye are now
working Homestead, Princeton, Perrine,. Miami, Ft. Lauderdale,
etc. up to Veto Beach.
Ye would like to come into the territory but of coarse we
wish to abide by all of the rules. Ye have stores in Miami,
Lauderdale and Ft. Pierce.. Ye take orders and deliver all
nationally advertised merchandise and no carrying charges. Ve
advertise credit without penalty.
This being the'first time we had run into this, heretofore
we just went to the city hall and got a license.
I would appreciate it very much if you would let us know
exactly what to do and what the price of a solicitors license is.
I understand that this has to be voted on by the commis*ion.
Ye will furnish any reference desired as we are known on the lower
east coast im most to~ns.
Ye are also members of the Chamber of Commerce Better Business
Bureau in Miami, Ft. Lauderdale and Ft. Pierce.
Hoping to hear from you sonn. I remain
Sincerely yours,
(Signed) G. W. Lyon
G. ~. Lyon
Supervison ~ Outside
GVL/am Salesman"
Councilman Brannon moved the request be denied with regrets.
Councilman Kabler seconded, and upon call of roll the motion
carried unanimously.
City Manager Black read a letter from the Zoning Board per-
taining to application by the Knights of Pythias for erection of
a combined lodge and store building at the Northwest arner of
Fifth Avenue and Fourth Street and passage of an ordinance leg-
alizing the deed restrictibn in Section A and B.,of Seagete Sub-
division.
JUNE 28Ttt, 1949
"June 24, 1949
Recomm~ndations to the Honorable Hayor and City Council
.of Delray Beach.
Gentlemen:
The Zoning Board met and considered the application of the Knights of
Pythias committee to erect a combination Lodge and Store building at
the NW corner of 5th Avenue and 4th Street. This application was
considered as a request for a special permit.
l. In as much as the present business zone in that section of Delray
Beach now includes much vacant property;
2. Also, indications show that future expansion of the business
zoning will be in a direction other than the location of the property
mentioned in the request;
3. Also, from the stand point of keeping the A A Fire Zone uniform,
your Zoning Board committee recommends that no special permit be
granted.
It is further recommended that should the Council feel that this
combination Lodge and Business Building be erected in the location
mentioned in the petition, the usual procedure for rezoning should
be followed.
It has come to the attention of the Zoning Board that a condition
exists in Seagate Subdivision relative to zoning that should be co-
rrected. Ye, therefore, recon~mend that an Ordinance be passed leg-
alizing the deed restrictions in Sections A and B of this Subdivision.
Very truly yours,
City of Delray Zoning Board
(Si~ned) King S. Cone.
KSC/hfl King S. ~one, 'Chairman"
Councilman Brannon favored the opinion of the Zoning Board and
City Attorney Hoore was instructed by the Council to follow the
legal proceadure necessary to incorporate the deed restrictions
required into City Zoning.
Councilman Brannon moved the recommendation of the Zoning Board
be upheld and the request be denied for the Knights of Pythias erect-
ion of a store building at the N. W. corner of 5th Avenue and 4th
Street. Councilman Kabler seconded the motion which carried unanim-
ously upon call of ro11.
The following ordinance was then brought up for second and final
reading and same was read in full:
ORDINANCE NO. G-77
· AN' ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELi[AY BEACH, FLORIDA, LEVYING THE ASSESSKENTS
AS SH0~q~ BY THE ASSESSMENT ROLL SUBMITTED BY THE
JUNE 28TH, 1949
CITY ENGINEEH OF SAID CITY, CONCERNING THE
PAVING IHPi~OVEMENT ON N. V. 6TH AVENUE, FHOH
~ST ATLANTIC AVENUE TO N. ~. 3RD STREET.
~tEREAS, 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 the construction of a Paving Improvement on
N. ~. 6th Avenue, from West Atlantic Avenue to No W, 3rd Street,
and
~q/EREAS, said report and assessment roll were approved by
the City Council in regular session on the 24th day of Hay, A. D.,
1949, and
~EHEAS, due notice concerning said assessment roll was ~iven
by advertisement by the City Clerk, in accordance with the City
Charter of said City, for the purpose of hearing objections to
said assessment roll, and
VHEHEAS, no objections were received to the confirmation of
said assessment roll, ..
NOW, THEREFOHE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELHAY BEACH, FLORIDA, as follows:
SECTION 1. The assessments, as sho~n by said assessment ~-~
roll which is annexed hereto and made a part
hereof, are hereby levied against the property shown and in amounts
sho~n on said assessment roll, said assessments to be paid in ten
e~ual annual installments, together with interest at the rate of
8~ per annum, the first installment becoming due and payable On
July 28th, 1949, and on the 28th day of July for the next ensuing
nine years; and said special assessment so levied shall be a lien
from the date the assessment becomes effective, upon the respective
lots and parcels of land described in siad assessment roll, of the
same nature and to the same extent as the lien for general CLty
taxes, and shall be collectable in the same manner ~fl~!'~rl%h the
same penalties and under ~he same provisions as to sale and for-
feiture as City taxes are collectable.
Passed in Regular Session on second and final reading on
this the 28th day of June, A. D., 1949.
(~ienzd Nell E. Hac~illan
SEAL" -Vic~- President-
City Council
ATTEST: APPROVED:
(Signed) LaGrande Lomax (Signed) Neil E. HacHillan
Deputy Vlty ~lerk' ' Vice-~a'yor
Copy of Assessment Roll on pages 157,158 & 159
'91
JUNE 28TH, 1949
Councilman Kabler moved the Ordinance be passed. Motion vas
, seconded by Councilman Brannon and upon call of roll vas carried
unanimous ly.
City Attorney, John Moore then presented the follodng Ordinance
for second and final reading and same vas read in full.
ORDINANCE NO. G-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA; AblENDING SECTION 1 OF
CHAPTER XlI OF TIIE CITY CODE PERTAINING TO THE
PLUMBING COMMISSION, AND PROVIDING THE qUALIFICATIONS
OF TttOSE WHO SERVE ON SAID CO~IISSION; A~IENDING SUB-
SECTIONS a AND b OF SECTION 3 OF CHAPTER XII OF THE
CITY CODE PERTAINING TO THE EXAMINATIONS AND FEE FOR
PLUMBING CERTIFICATES, PRESCRIBING QUALIFICATIONS FOR
APPLICANTS TIIEREFOR, PRESCRIBING FOR ORAL AND .WRITTEN
EXAMINATIONS FOR APPLICANTS TIIEREFOR, AND FURTHER
PRESCRIBING FOR TIlE RECOMMENDATIONS OF THE PLUMBING
COMMISSION TO BE SUBMITTED TO THE CITY COUNCIL FOR
FINAL DECISION AS TO THE GRA1)ING OF A CERTIFICATE TO
A JOURNEYMAN PLUMBER.
BE IT ORDAINED by the City Council oF the City of Delray Beach~
Florida, as follows;
SECTION l; That Section 1 of Chapter XII of the City Code of
the City of Delray Beach~ Florida, pertaining to
the Plumbing Commission be and the same is hereby amended to read
as follows:
"There shall be and is hereby created a Board of Plumbing
Commissioners who shall serve without compensation for a term of
one year or until their successors are appointed. Said Board of
Plumbing Commissioners shall be composed of five members, one of
whom shall be the Plumbing Inspector~ one shall be a Master Plumber,
two shall be qualified electors from the City of Delray Beach~
Florida~ and one shall be a Journeyman Plumber.'
SECTION 2: That Sub-sections a and b of Section 3 of Chapter
XII of the City Code of the City of Delray Beach,
Florida~ be and the same is hereby amended to read as follows:
"Each applicant for a certificate shall be examined by the
Plumbing Commission as to his knowledge and ability as a Plumber
and his familiarity with the plumbing code of Delray Beach; pro-
vided, however~ that such applicant shall have had at least five
(5) years of plumbing experience before taking such examination,
and further provided that such applicant Cot certificate shall Curnis~
to the Plumbing Commission three letters of recommendation as to his
character and to his ability in the field of plumbing work."
"Each applicant for a certi£icate shall be ~_iven a written test,
which shall be completed within a reasonable time, and which question~
are to .be compiled and graded by the Plumbing Commission."
JUN~ ~$TH, 19~9
"Each applicant for a certificate shall be given an oral examina-
tion by the Plumbing Commission." -'-
''The Plumbing Inspector shall report the grade received on the ,
written examination by the applicant for a certificate to the City
Council and the Plumbing Commission shall make its recommendations to
the City Council, such recommendations to be based on said oral and
written examinations. The City Council shall have the final decision
as to the granting of either of said classes of certificates to the
applicants therefor."
"The complete record of their written examination and the
results of the said oral examination given shall be kept on file
until three (3) years after the date of such examination."
"Examinations for certificates will be held monthly, upon the
third Saturday morning, whenever such examination is requested by
an applicant~ provided such application is on file with the Plumbing ·
Inspector for a least fifteen (15) days previous to said examination."
SECTION 3: Each applicant for a certificate as a Journeyman
Plumber shall pay for such examination the sum of
Five Dollars ($5.00), and ~ach applicant for a certificate as a
Master Plumber shall pay the sm of Fifteen Dollars ($15.00) for such
examination, which sum shall be no part of any other fee or license
to be paid to said City. --~
SECTION 4: If such applicant for certificate taking an examina~
tion fails the same, he shall not take another
examination for a least ninety (90) days from the date of taking such
an examination.
SECTION 5: Any valid applicantion for examination which is on
file with the City of Delray Beach and which has
been duly executed at the time of the passage of this Ordinance, shall
be deemed to be valid according to the provisions ~ this Ordinance.
SECTION 6: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
PASSED in Regular Session on second and final reading on this
the 28th day of June, A. D., 1949.
(Signed) ~eil E. MacMillan
Vlce-Pres~'dent of the City Council
APPROVED:
(Signed) Neil E. MacMillan
ATTEST: ViCE HAYOR
(Si~ned) LaGrande Lomax
Deputy City Clerk'
JUNE 28TH, 1949
Councilman Brannon moved Ordinance No. G-78 be adopted on second
and final reading. Councilman Kabler seconded the motion and upon call
of roll carried unanimously.
Councilman Brannon moved an overall street surface program, includ-
ing gutters which are about in, and the curbing and resurfacing of the
street from curb to curb, be undertaken beg±ning at S. Eo 2nd on the
Federal Highway at the Baptist Church corner and running west to S. E.
3rd, which is down in front of the A & P, to connect with an east and
west street,~to take care of the congested traffic in that area, and
in view of the fact that the telephone building is fast nearing com-
pletion, that we start on S. E. 4th and ru~ to S, E. 2nd one block to
the corner of the telephone building with the same work just ,
as soon as possible.
Councilman Kabler expressed the opinion the extension of 7th Ave.
to 8th St. should be given equal consideration.
City Hanager Black stated street surfacing in the Colored section
should also be considered.
Councilman MacMillan requested the status of the railroad crossing
opening NE 1st. Ave., to which City Manager Black replied the railroad.
attorney recommended his company accept terms offered by the city.
Futher information has not been received to this date. City Mannger
Black further explained work can not be started until approval of the
railroad company has been obtained. Councilman Kabler moved the City
Manager wire the railroad company regarding the company's decision.
The motion seconded by Councilman Brannon carried unanimously.
After a discussion by the Council as to priority of projects,
Councilman Brannon included the extension of 7th Ave. to 8th St. in ~
the motion for improvements to S. E. 1st St. and S. E. 4th Ave. Council-
man Kabler seconded the motion amd upon call of roll the motion carried
unanimously.
The Council authorized City Manager Black to prepare estimates
on the improvements to S. E. 1st St., S. E. 4th Ave. and N. E. 7th Ave.
the priority to be determined after extimates are submitted.
City Attorney Moore presented the following Ordinance and same
was read in £u11.
AN ORDINANCE OF Tt~ CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, RESTRICTING THE PLACING AND/OR ERECTION
OF SIGNS OR AD¥~ITISF21ENTS BY ANY REAL ESTKTE BROKER OR
SALESS~N; PROVIDING CERTAIN EXCEPTIONS FOR REAL ESTATE
BROKERS AND/OR SALESMEN; EXEMPTING PROPERTY OWNERS FROM
THE PROVISION HERETO, AND PROVIDING A PENALTY THEREFOR.
A motion was made by Councilman Brannon., seconded by Councilman
Kabler the Ordinance be placed on first reading and upon call of roll
the motion carried unanimously.
JUNE 28TH, 1950
City Hanager Black requested permission from the Council to
begin his vacation July 9th.
Councilman Brannon moved the City Hanager be granted permission
to begin his vacation as requested. Councilman Kabler seconded the
motion and upon call oC roll the motion carried unanimously.
The Council then adjourned.
Act"ing City Clerk
ATTEST: