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08-09-49 AUGUST 9TH, 1949 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 Co'meilr~an present: Neil E. MacMillan and Walter A. aoth, a q~mrum being present. A report from the Youth Recreation Commission for the Fiscal Yeur 1948-1949 was filed by Frank H. Seely, Jr., which was read as f0~lows: "A Report for Fiscal Year 1948-49 F0ilW~{D: This report is intended to be concise. It is designed as a quick reading resume of the Youth Recreation Program, as developed, during the Fiscal Year 1948-49. Statistics and details of organizational and administrative proceadures are kept at a minimum with the knowledge that the interested will read between the lines, and know that attendance and participation was constantly high, and that many hours of program planning and efficient leadership was accomplished to produce such a varied and continuing series of activities that culminated in a stablized, all-around Youth I{ecreation Program now ready for further development. SCHEDULE: The nine-months After-School Program developed from a weekly schedule of 12 hours to a weekly schedule of 22 hours with daily sessions of 2 hours and add- itional 3 hour sessions each Friday and Saturday nights, pi. us program planning time of 4 hours per week. The three-month Summer Program was conducted on a 6 hour per day schedule. No sessions were held on Sundays. ATTENDANCE:Registered as constant participants are 134 Teenagers, and as irregulars 45 Fifth & Sixth Graders. Average daily attendance is 55-65, and attendance at Special Affairs average 98-115. ACTIVITIES:The continuing basic program is participation in 15 varied types of table games, informal dancing, roller skating, informal basketball & volleyball, badmington, shuffleboard, horseshoes, boys' body building, girls' & boys' softball, Tennis Clinic, handicrafts, record- playing, reading and lounging. Ail of these activities being participated in at the will of the individual. Weekly Special Affairs are held on: Tuesday (Swimming Party); Friday (Movies); Saturday (Social Dancing). Ail activities are planned and carried out by a Junior Council of Teenagers, meeting once per week, under guidance of the Ad~llt Leaders. This Junior Council is represented, by delegates, on the Palm Beach County Youth Council. A weekly Newssheet has been developed with an Edit- orial Staff of Teenagers. Ail publicity, pictures and ann- ouncements are also the responsibility of the newssheet staff functioning under the Adult Leaders. AUGUST 9TH, 1949 EC{UIPbiENT & Efficiency of the program has been enhanced by IIEPAIRS: periodic addition of new equipment and repair of inherited USO equipment. 18 Pair of Holler Skates and repair parts were added. Other additions were: 5 Types of Table Games; 4 Sets of Table Tennis and stock of balls; 1 each, Volley Ball & Net and Basketball & Goal: Punching Bag & Frame; 4 Sets Boxing Gloves; Heavy Trainin~ Bag; Head Guards; 4 Softball Bats, 1 each blask & Catchers Mitt, 15 Imprinted Softball Shirts & Caps; 24 Recordings & 1 Microphone Stand. i{epairs were made to 4 Tennis Tables and to a cold-drink cooler. 100 yards, Outing ~'lannel with Wire & Turnbuckles were purchased for stage drapes to be made and fitted by Teenagers. Four major activities were recently dropped temporarily due to the Patio space being cut do~a for use of the Library Building. Space is available upon which a concrete base can be placed, thus making space again available for these Coup curtailed major activ- ities. LEADEHSlllP: Organization and. Administration of the Program has been under Ha~rice W. Squirrell, a trained professional Recreation Director. The Year-around Tennis Clinic, conducted each Tuesday afternoon, is under Whitney Powers, a professional Tennis Instructor. During the summer schedule, and by reason of increased attendance and the enlarged program, there was added a Girls Activities & Social Director, Mrs. M. E. Frump in this capacity. During this period also, Coach M. E. Frump served as a part-time paid leader during Special Affairs, and as Girls Softball Coach. Volunteer Leaders conducting special activities on a scheduled basis are: Police Officer Wolford (Boys Body Building): Mrs. Owen Sommerford (Handicraft); Mrs. Manrice W. Squirrell & Miss Joan Gibson (Chaperones). ~OSiNG: The increasing attendance and growing interest of the Teenagers in the Youth i{ecreation Program is attrib- ., uted to the basic principle of placing the burden of activity selection and attendant organizational needs upon the teenagers themselves, with trained and qualified leaders, sufficent in numbers, to give close guidance and supervision. The experimental stage of the program is reaching its climax with development, enlarg~ ment of scope and increase in facilities, next in line of progress. During the past the program has developed continued interest on the part of children and youths in grades 5 through 12. THis indicates that participation in the program will grow and those graduating will be replaced, th.is forming a continued and vital rimed for a YOUTH ~ECREATION PROGR~hM. Respectfully Submitted for the Youth ilecreation Commission: By.. Frank H. ~eely Jr. - Chairman.,, Mr. Seely then presented a form of Resolution, for the approval of the Council, authorizing the creation of a Youth Recreation Committee, to be appointed by t~ City Council, to act as an advis- ory Committee only, and to make recommendations in connection with the City Youth Program. 222 AUGUST 0TH, 1949 The ~esolution was read in Full, as Follows: "RESOLUTION NO. 736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL~IY BEACH, FLORIDA AUTHORIZING THE APPOINTMENT OF A YOUTH RECREATION CO~IITTEE AND OUTLINING TIlE DUTIES OF SUCH COmmITTEE: WHEREAS: the City of Delray Beach has set up in its budget an appropriation for a Youth Recreation Program, and WHEREAS a~,%rained~:'profess!onal director has been employed to administer and conduct the city's Youth Recreat- ion Program, and VHEREAS the City of Delray Beach desires to have a committee to cooperate with the Council in advising and assist- ing in the management of the Youth Recreation Program, NOV, THEREFORE, BE IT RESOLVED by the City CounCil of the City of Delray Beach as follows: SECTION 1. That the City Council hereby authorize the creation of a Youth Recreation Conunittee consisting of five members, each of whom shall be appointed by the Mayor of the City -- of Delray Beach, Florida, and confirmed by the City Council; effective October 1, 1949, three members to be appointed for terms of two years each and two members to be appointed for terms of of one year each, terms of all Cive members appointed there- after to be o£ two years each. SECTION 2. That it shall be the duty of this committee to advise the City Council regarding the management of the Youth Recreation Program and to make recommendations for the employment of personnel required to direct the program and to represent the interests of citizens of Delray Beach in the City Youth Recreat- ion Program. SECTION 3. The duties and privileges of this committee shall be advisory only and shall always be subject to the approval and control of the City Council. Passed in regular session on this the 9th day of Augustt A. D. 1949. '"' (Signed) J. L. Saunders President, City Counc"il APPROVE D: ATTEST: (Signed) J. L. Saunders (Signed) Ruth R. Smith Mayor City Clerk SEAL" AUGUST 9TH, 1949 Upon motion of Councilman MacMillan, seconded by Councilman ap%h, unanimously carried, the foregoing Resolution No. 736 was passed and adopted as read. Mr. Edward A. Schellenberg, Chairman of the Adver%ising Committee of the Chamber of Commerce, addressed the Council with reference to a proposed advertising campaing for the coming year. He submitted a sample brochure which his Committee had approved, to be used in answering inquiries, and also for a direct mailing program. It was their intention, he stated, to advertise in mag- azines and newspapers in the territory from which our tourist business usually comes, and during that part of the year in which we are not now over-burdened, in other words to try to bring new business during the dull seasons. Mr. Schellenberg stated that any advertisin~ program which would do a comprehensive job and bring results would require $15,000.00, or a one mill tax levy, and that the funds must be appropriated, or provided for immediately, as magazines and news- papers have deadlines which must be met, and work must be started on advertising material at once. Mr. A. C. Gottschaldt, of the advertising firm of Gottsehaldt, Morris & Slack, Inc. of Miami, was then introduced by Mr. Schellen- berg, and addressed the Council, outlining tentative plans for an all year advertising prograTM which he felt wo:~ld be pr~duc!ive for Delray Beach. ~e stated that from proven facts a certain number of tourists will spend a certain amount of money in a City, and they can be brought here through advertising, which will benefit every person in business in the Town, as well as the community itself. He felt that by routing traffic through the City many people will stop instead of driving right through. He also stated that this year there will be the greatest competition for vacation business ever, that Chambers of Commerce throu~hout the country are anti- cipating good business, but they are spending money to get it. IIis firm had submitted some specific suggestions to the Corm~ittee, after having given real thought to the ideas and things they thought could be utilized which are basicly sound. Mr. Schellenberg further explained that the Chamber of Commerce was now self-supporting, and they would not ask for any funds for operating expenses from the City this year. He did feel, however, that $ 15,000.00 was needed for their advertising program~ to in- clude summer advertising, and he felt that to try to do it with less would be wataing money, he explained that twelve winter residents who are world famous, have been named to Honarary membership in the Chamber of Commerce, and their names will appear on the inside cover of the brochure, and they will receive a silver engraved card. Through the names of these people publicity is guaranteed in certain magazines. He felt that citizens were willing to have the millage raised one mill for this purpose, that the Chamber of Commerce was doing the City a favor in taking over this advertising program, and his Committee felt that the Coumcil should provide the funds needed. The Council advised Mr. Schellenberg that they would be unable to make any committments until the budget had been considered as a whole, and other requests had also been considered, although an appropriation of $ 7,500.00, the same as last year, would probably be considered favorably. He was promised an opportunity to come before the Council again before the adoption of the new budget. AUGUST 9TtI, 1949 Dr. W. C. Williams of West Palm Beach, then appeared before the Council, complaining of the proposed height of the bridge to be built across the Intracoastal Canal on Atlantic Avenue. He stated that according to plans he had obtained from Geo. S. Brockway, Engineer, the height of the bridge will be raised 5' and the bridge span will be moved to the east 60', which will take all of Black 140, which is owned by his wife, except possibly the east 28'. He asked the Council to verify these plans and contact the County Engineer and State Road Department Engineers with reference to the possibility of changing the plans before the contracts are awarded. Dr. Williams produced evidence that the Government did not set requirements for the construction of the bridge, and that the plans could be changed by the State Road Department. lie claimed that he would not object to giving 25' needed for the Widening of Atlantic Avenue, but figured his prop- erty would depreciate 65~ by this increased height ~ the bridge, which was unnecessary. Atlantic Avenue would be ruined, and would have to be zoned for cheap business, he stated, and the Boyde Building would be'~13.6' below the street level according to the present plans. By raising Atlantic Avenue 2' and the height of the bridge 2' they could have a beautiful street, and no prop- erty owner would be hurt. Hrs. Grace S. Weir, owner of the Boyd Building, also com~ plained of the damage she feels will be done to her property, and asked the Council to try to have the plans for the bridge changed so as to decrease the height of the, bridge and approaches. After discussion by the Coungil, a motion was made by Council- man'HacHillan, seconded by Councilman Roth, that the City Attorney be instructed to investigate the matter and report back to the City Council at the next meeting, and upon call of roll the motion carr- ied unanimously. Hrs. L. C. Hand, a men, er of the Palm Beach County School Board, then addressed the Council, with reference to police pro- tection at the railroad crossing at Gulf Stream Boulevard leading to the new school building, as children will have to use this route coming from Boynton, and also from part of Delray Beach, until the new road is completed from East Atlantic Avenue through to Boynton. She stated theft trains come through this section at a high rate of speed, and. asked that some protection be provided at this crossing at certain hours in the morning and afternoon. After consideration, it was the consensus of.opinion of the Council that this protection would come within the jurisdiction of the Sheriff's Office, being outside of the City limits of both Towns, although Hrs. Hand was assured of the cooperating of the City if the Sherriff was unable to provide the protection needed. A motion was then made by?Councilman HacHillan, seconded by Councilman Roth, that a Resolution be drafted requesting the Florida Eaast Coast Railway Co. to install necessary safeguards at their crossing at Gulf Stream Blvd. near the Seacrest High School. Upon call of roll the motion carried unanimously. AUGUST 9TH, 1949 The request of Vincent J. Jordan, for permission to distribute booklets entitled "How to Get ~{ell and Stay Well" throu,~h the City, to be foil-owed up by the sale of certain food products, was tabled for £uture consideration. A letter from Mr. Edgar ~¢. Vaden, with reference to a proposed tlousing Project, was read by Mayor Saunders, a§' follows: "July 20, 1949 Hon. Jack Saunders, Mayor, and Members of the City Council Delray Beach, Florida Gentlemen: The recent motion by our esteemed friend, Councilman L. H. Brannon, for construction of an enlarged and modern City Hall to meet the requirements of our growing community contains great merit. It is such constructive planning of civic improvements which will lead' Delray Beach to a position of municipal prominence. tIowever, I feel that the proposed sitr-is ill-chosen. A City Hall which encompasses all civic departments and provides auditorium facilities for public meetings should, I think, be more centrally located so as to best serve the public interest. Delray is not expanding East or ~{est, therefore approval of the proposed site would pl. ace our principal civic building in an unsuitable fringe locatiOn. There are several more suitable sites. To mention one I suggest a corner location in the vicinity of the new telephone building which is easily accessable and will provide an abundance of parking space. There are several other sites which deserve consideration. I. think the public housing program, and location of same, whleb has b(,em rr, con:mended by Mr. Brannon is undesirable. I vividly recall that a recent citizens meeting held in the council chsmbers. At th~s meeting Mr. Kenneth Montgomery, President, Delray Beach Board of Realtors, publicly stated that there was an abundance of low-cost and low-rental housing accommodations in Delray and that this condition would expand with time rather th~n tighten. I think we can rely upon the factual stntements ~f the President of the Board of Realtors and no doubt he is prepared to prove his sland to you and to me if there be any doubt. Gentlemen, Delray is in far greater need of other civic improven'ents than a cheap housing project in a buffer area. Our delightful city could better use improved street surfacing, ~tters and storm sewers, and paved sidewalks. Too many lots have the appearance of jungles which are eye-sores to residents and replusJve to visitors from other cities who might be interested in moving to Delray. If our city charter permits, these vital improvements might well be financed on a pay-as-you-go plan by imposing a 5~ tax on .gross receipts of all individuals and businesses located within the city AUGUST 9TH, 1949 limits. The tax should not be imposed upon tourist and. wi. nter or summer visitors not owning pr. operty or businesses ingereSts'here. In view of the impending reduction of Federal Excise taxes the gross receipts tax could well be enacted for betterment of our city. If Delray must have a housing project then t suggest that this effort be directed toward replacement of present housing in c01ored town where the Yest Atlantic Avenue approach to our beautiful city is disgraceful. I am sure that our colored people will be grateful for any improvements which will brighten their community, remove its flood conditions and minimize its fire and health hazzards. Yours for constructive application of public and private resources, I am~ Respectfully, (Signed) Edgar Vaden Edgar Y. Vaden" Upon motion of Councilman Roth, seconded by Councilman Hac- }iillan, unanimously carried, the communication was ordered filed. City Attorney }ioore reported to the Council that he had. received a letter from officials of the Florida E,n_st Coast Railway Co., stat- in~ that they were willing to sign revised agreement as submitted to them pertaining to the opening of the N. E. 1st Street crossing. Although the agreement stated no time limit for starting the work, he felt that any Court we ~ld consider a reasonable time was implied. ~/ith reference to this crossing, City }ianager Black advised that he had been informed by }ir. Frank tlanna, local representative of the railroad, that he would proceed, with the building of the crossing as soon as he was .given authorization, and theft his work should not take more than three days. The form of agreement was then read by the City Attorney as follows: THIS AGRE~LENT, Hade in du~icate this 19th day of August, A. D..1949, by and between SCOTT }I. LOFTIN and. JOHN ~r. }iARTIN, as Trustees of the property of Florida East Coast Railway Company, and not individually, hereinafter called Trustees, and CITY OF DELRAY BEACH, a Florida municipal corporation (Address: Delray Beach, Florida), hereinafter called the Second Party. I{ITNESSETH: That the said Trustees, for and in consideration of the covenants and agreements herein contained to be performed and kept by the Second Party~ do hereby give and license unto the said Second Party the right and privilege to use as a crossing for public street crossing purposes only, that part of the right- of way and property of said Railway in the City of Delr.ay Beach, Palm Beach County, Florida, at the location described as follows: A par~allelegram shaped parcel of land 60.0 feet wide northerly and southerly extending 227 AUGUST 9TH, 1949 easterly :~nd westerly across the right of way and tracks of Florida East Coast Railway Com- pany at NE 1st Street in Delray Beach, Florida, the longitudinel center line of said parcel of land being lock, ted 3757 feet more or less southwesterly From the Railway's Mile Post No. 316 from Jacksonville, Florida, said right of way of the Railway having a total width of 100.0 feet at this location, being 50.0 feet in width on each side of the center line of the Railway's northbound main track. All as shown colored yellow upon blueprint of part of the Railway's plan Corr. File 317-26 dated June 14, 1949, attached hereto and made a part hereof. TO HAVE AND TO USE the said rights, privileges and licenses solely unto the Second Party until terminated as herein- after provided. In consideration of the rights, privileges and licen- ses hereby given by the Trustees unto the Second Party, the Second Party covenants and agrees with the Trustees as follows: 1. That said crossing shall be used For public street crossing purposes only across the Railway's right of way and tracks, .and no pipe, wire, rail or other line or structure shall be placed in or on said right of way or crossing without the previous con- sent in writing of said Railway Trustees. ~. Second Party, at its expense, shall C~rrnish material and labor for, and construct the portion of said crossing extend- ing from the limits o£ the right of way of the Hailway on each side of its existing tracks to the ends of ties in said tracks, and shall Furnish ~.nd place the required rock and asphalt material in the portion ~f said crossing over the ties and between the rails Jn said existing tracks of the Railway. The Railway shall furnish and install the now ties, track rails, r~ils to form flangeways and other track m,aterial required in said existing tracks, Provid- ed, however, that Second Party shall pay not to exceed $600.00 towards the expense o£ m,aterials and labor for such installation. Second Party, at its expense, shall maintain said crossing except the said portion thereof located over the ties and between the rails in said existing tracks, ~ich portion of crossing shall be maintained by and at the expense of the i[ailway. The approaches in said crossing on each side of the Railway's tracks shall be constructed and maintained by Second Party with grade not exceed- ing 2.0~, and all work in connection with s~ch constr-c~,ion and maintenance by Second Party shall be performed under the snpervis- ion o£ an authorized representn, tive o£ tr~ Railway in a manner and with materials subject to his approval. 3. Second Party agrees to relieve the Railway from assess- ments arising out of tim existence of said crossing. AUGUST 9TH, 1949 4. Second Party, at its expense, will install and maintain any necessary drainage facilities required on account of the loca- tion and existence of said crossing, such installation, the ade- quacy thereof for the drainage required and the maintenance there- of are to be .subject at all time to the approval of the Railwav's authorized representative. 5. Second Party shall not take any action that will pre- vent or tend to prevent the operation of trains over said crossing. 6. The provisons and stipulations of this agreement are a part of the consideration of the licensing of tile abbve ~rivi- leges and crossing, and in the event the Second Party shall fail to comply with any of the covenants and conditions, then this license shall be void and said described crossing shall terminate, with full right on the part of the Trustees and Railway to re-en- ter and repossess the same if they shall elect to do so. 7. Second Party hereby grants, unto Florida East Coast Railway Company and its Trustees all necessary permits for the installation, construction, erection, repair and maintenance cC any of the facilities~ +~ork or fixtures mentioned or contemplated in and. by this agreement, and ~lorida East Coast Railway Company or its Trustees shall give Second Party forty-eight (48) hours' notice of intention to perform any such installation, cons tr~ction, repair, erection and maintenance. 8. This agreement is terminable by the Trustees, or their succe.~sors or the assigns of the Trusteeship Estate, at their o?tion, upon the discharge ~f the Trustees as such, any fixed per- iod of time or any other thing herein to t~ contrary notwithst~nd- in~, and in the absence of such cancellation, all rights of said Trustees hereunder shall imure to the benefit of their successors or the assigns of the Trusteeship Estate. 9. Second Party agrees to pay, upon the execution and delivery of this agreemtn to it, the full amount of documentary stamp taxes now or hereafter reqnired to be affixed to this instr- ument under the laws of the United States of ~bnerica, State of Florida, or both~ IN ~JITNESS ~tI{EI-[EOF~ the par'ties hereto have caused these presents to be duly .e. xecuted in duplicate, each the day and year first above written. A motion was made by Councilman Mac]{ilhn, seconded by Council- man i(oth, that the contract be entered into and executed on behalf of the City of Del r~ay Beach, and that the Railroad Co. bo requested to perform its part of the contract immediately. Upon call of roll the motion carried unanimously. A tentative sketch of an spartm~nt house structure to be built on Lots 22 - 24, Block 112, on the northwest corner of the So.nth Federal Highway and 4th Street, filed by Arthur ~. ~'eber, was present- ed by the City Nanager for approval of the Council. This would be 229 AUGUST 9TIt· 1949 the first unit of an Apartment Court· and would be approved by the State Hotel Oommission before permit was granted. Upon motion of Councilman Mac}iillan, seconded by Councilman Roth, unanimously carried· t~e sketch was approved· subject to filing of plans with the Building Inspector· compliance with zoning regulations· and providing for off-street parking space. City Manager Black advised the Co,moil that vacations in the Police Department were finished, and Albert L. l/olford, a sub- stitute Policeman, would be released. Councilman Roth was in favor of retaining Mr. Wolford, as extra Policemen will be needed later on, and he would like to see him continue his work at the Youth Center. 'Councilman MacMillan stzted that he had. heard reports of his work at the Recreation Center, and suggested that he be retained and possibly worked into the Police Department. A motion was then made by Councilman ~ioth, seconded by Councilman Mac~iillan, that ~lbert Wolford be retained on the police Force until October 1st, and upon call of roll the motion carried unanimously. Police Chief Croft recommended that he be put in uniform if kept on the Police force, as he could not work as efficiently out of uniform. An application for license to sell beer and wine· filed by the Elk's Club, at 128-130 N. Federal Highway, was approved, subject to the location being over 300' from the Methodist Church, u,on motion of Councilman Roth, seconded by Councilman ~ac~illan, and unanimously carried. A motion was then made by Councilman i~oth that the Liquor Zoning Ordinance be amended to provide for the sale of liquor at generally recognized Private 6lubs outside of the liquor zone. Th~ motion was seconded by Councilman ~acMillan, and upon call of roll carried unanimously. Bills totaling ~ 27,057.42 were approved for payment, subject to approval of the Finance Committee, in a motion by Councilman Roth, seconded by Counciiman Mac}~illan, an~ unanimously carried. The City Manager was instructed to contact the Florida Leaffue of Municipalities, asking their support· in the event a Sales Tax is approved at the next session of the Legislature· in securing a rebate for Municipalities to offset the amount lost by IIomeste~d Exemptions on City Tax Holls· which would enable the City to operate on a lo~.,er millage. The City }lanager was also instructed to invite the Co~mty League of Municipalities to hold their next meeting here, if no place has been scheduled, at ;vhich time a Resolution might be passed on this matter. The C°uncil then adj°urned' ATTEST: Citi ~lSrk }layor~~-~