09-13-49 1949
llegular meeting of the City Co,lncil of the City of l)elray Beach
was held in the Council Chambers at 7:30 P. N. with Nvyor J. L.
Saunders in the Chair, and City Attorney John Noore, City Manager
Charles E. Black, and the Followin.~ Councilmen present: Neil E.
MacMillan and Walter A. i{oth, a quorum being present.
The following Resolution, adopting a budget of estimated
expenses and revenue for the Tater Department for the ~iscal year
1949-1950, was presented and read in ~ull as follows:
"RI:SOLUTION NO. 740
A t(ESOLUTloN BY TII~ CITY CO~NCIL oF 'file CITY
0l,' DI~L~(,~Y B~,~CII, i',~LF! B~ACII Co~TY, FL0}tlDA,
ADoPTiNG ITS ~Ni{U~ BUDGET oF EST1}L~TEI)
~ND ~tEVENUE OF TliL ~LkTE,{ ~YSTEM iiEV~NUE ACC( {h~T
'rliE~ IJLUND~ii.
WIiEtiE,~S, the City Cou~il of the City of Delray Beach, Palm
Beach County, Florida, has prepare(] it, s budget of estinated revenue
and expenses of the 14ater System }levenue Account in accordnnce with
Ordinance No. G-7.
TIlERLFOi{L, BE IT ~{LSOLVED by the City Council of the Cfity
. t,.e Following
oC Pelroy Beach, Palm ~each Co mty, Florida that
bud~tet ~or th~ Vater System !{evenue Acco~mt for the fiscal year
tl~e City co~m~encing October 1~ 1949 and ending September 30th, is
hereby agreed upon and adopted and thnre is }~ereby appropriated
such respective p,trpose the arno,mt oC money set ooposite.
1949-1950
,~NT lC
I'Ui ~'0 S E: E~t'; N}) I TUllE S
Administration -~ ~,920.00
Revem~e Certificate- 16,154.00
Plant Operations 12,100.00
Dis tribu tion 17,200.30
New Truck- ltSO0.O0 ~ 5~204.00
Capital Impvovenen t.s
Shop Building ~ 5,000.00
}latevials for System Exp~nsion 10~000.00 ~ 15,0~0.00
{esevve for bepreaciation :~) 7,690.00
~ 7S,900. O0
1949-17,50
30Ui[Cl~:
17ateP Sales- g~7,i~000.00
Taps and Neters ,I,000.00
Service Charges- 300.00
Penalties 600.00
IL~.~31.D IN i[LGtYL~t .:;L::;~.ioX {~N TIlI~ 12TIi 9AY ~}I~ SIT:PTLNBLi{ 1949,
.~.
,tY i'LST: Nayor
City Clerk
1949 - 1950
ANTICII'~(i'EI)
~iater 1)epa~%;::e.t ,'o , ,
;/a, ter Sales ~71s000.00
Taps ~nd ..et_to- ....... 4,090.00
5e~vJ.ce Charges- 300.00
ANTICIP~TLD
Tel ..p,~ouc- an~ Talegraph 110.~0
I"o s t.~, 5ge 750. O0
20~ O0
OFFice 3up;~l les
i{OVOl¥ ~(~ Certificates:
Tnt¢i"est :.n~? ~et, J. reaent l'pincipall~,la~l. O0 .,? 1O, lG.4.00
' *' 200.00
~a. lc re. es 2 1,
E~eei, ric 3opvioe n oO0 O0
Cklo tine- 1,000.00
0 per~ tinf Supp] ies - GOO. O0
Xiscellaneous' 3o0.00 ,~ 12,1c~0.00
1949
Distrilmttion:
Mainten~nce~ and r~e ~' t,..te ~
Salaries- ~ 6, S40.00
Labor- 2,640.00
~ietop ,~eIairs 750.00
T,-~ols and .S~p~lies 1,
~iscelle~neous 500.
Use oC i-' !t Eq~tip,,ent 4t~/~0.00 4 17, ....
New Tr, uck: ~ ............. ~ 1,200.~)0
Capital Improvemeuts:
St~op B~tildin% ........... j
..... n00.00 ;} 15,0o0.00
~,,~.terl: !s fop System L>:p::nsion- - - 10t..
i{eserve for De rec ~' ~'~6. aO ~96.00
i'IoNTIiLY S.JL.t,[Y :SCII~;I)ULE
Nana 5er ~ 100. O0
rrea s,trer 100. O0
Supt. of i' ~,,' 75.00
Plant Operator- 75.00
Distribution Supt °.75.00
· .isst Distribution Supt 220.00
Clerk ..... 175.00
Clerk 175.00"
City Nanager Blacl< advised that the revenue had been ~,uticipated
on the current year's reven~e, that, it will p, robably be m,~ch greaier
durin~ the next year, which will increase the s~rplus
A motion was m::de bv Councilmat~ HacHilla~, that the bu(l.~et be
adopted, and that the item marked "Surplus" be changed to "Reserve
Depreciation" and a separate accomtt set up accordingly. The motion
was seconded by Co,mcilman 'loth, and upon call of roll carried ,man-
imously.
An application for b~il(ting permit, filed by J. ~. Galloway, to
constr,~ct a concrete block building, 12' x 12', on l~is property on
Last Atlantic Avenue, just east of the Atl~ntic ~-iven~e brid~e, was
brought up by tlte City Manager for approval of tire Co, tncil. The
building would be 260' south of Atlantic ;tve~,~e ::nd 20' east of
Canal, and would be used For t.l~e rental of boats, and For the sale
bait and fishing tackle. The small temporary building on this prop-
erty, located near Atlantic Aven:te, would be removed.
Up,,n motion of Councilman Roth, seconded by Councilman Nac-
Y.'flla~t, and ~manimously carried, permit was apDroved, subject to the
Filing of plans witt~ the Buildin~ Inspector, an, l compliance with
Building Code requirements.
284
SLPTLNBEi{ laTIt, 1949
Niss Dorothea Galvin requested the Co,.tncJl to place some
restrictions on tile size ~:nd type of buildings that can be con-
str~cted on East ~ktlantic avenue, trod upon motion of Councilman
MacNillan, seconded by Councilman itoth, unanimously carried, the
request was referred to the Zoning Board for consideration and
reconmendation back to the Council.
}Ir. E. tlarris Drew, of the firm of Alley, Drew, Burns and
Niddleton, Attorneys representing Five property owners in the
vicinity of Seabreeze Avenue and Lowry Street, appeared before
the Council with reference to a petition they had filed July. 26th
asking that zoning restr:i.ctions on the north side of M, tek Lots
140 and 148 fronting on Lowry Street, be changed ~rom an Apartme~t
to a Residence "A" zone, to conform with surrounding property,
The request had been referred to the Zoning Board, who had referred
it back to the City Council, as it had not been filed by the
owners of the property involved, as required by the Zoning Ordinance.
Nr. Drew contended that the City Council had the power to
correct this'apparent error in znning restrictions, which is in-
jurious to other property in that area, and claimed that by placing
the property back in a residential classification would cause .no
material injury to the owners of the property. It wo~tld be just
as valuable as residential property as if zoned for apartment
use, and it would save injurin.~ other properties in the vicinity.
Ile asked that a public heapin~g be held before the Council, to in-
elude all property owners affected, lie also asked the City
Attorney to check into the q,testion of spot zoning, claiming this
was spot zoning, wl~:ich the Courts have held to be invalid and ,in-
constitutional.
City attorney Noore stated that this zoning was included in a
comprehensive, rezoning of the City in 1948, and that it had been
advertised that a zoning map was on File in the City Itall for
public inspection.
After Furtl..er disct~ssion a motion was made by Councilman
NacNillan that the matter be discussed with the Zoning Board at
the next regular meeting of tho~ Co tncil, to be hold September 27th,
and that the owners of Lots 140 and 148 be asked to be present, as
well as }Ir. Drew. The motion was seconded by Councilman flor. h,
and upon call of roll carried unanimously.
)Ir. G. N. Stambaugh, operator of the Florida Nttsic Co.,
Nr. ,k. J. Parker, a representative of the C. & G. Novelty Co.,
and }Ir. J. G. Cosby, a distributor of amuser:ent machines and
music boxes, appeared before the Council to protect what they
claimed were excessive license fees placed o;: music boxes nnd
pin bali machines by the City. They stated tint license ~ees
were out of line with ~ees char:g¢,d by otl;<~r Cities, :,nd asked
tlmt tlc Distrib.~tor's license of ~ 100.00 be discontintted, and
that a Cee of' } lO~()O per -init be placed on machines~ so that
they could be able to operate in tl~is City at a fair profit.
NP. Uosby also complained of ~t license foe cC :~ 10.~0 on
SlmCCle Board games~ and s.tbmitted a list of licenses el'raffled
by other Cities on these games. He asked that the ~ee be made
comparable to that chatty.ged by other Cities.
,%fter consideration by the Co:moil, a motion was made by
plan i%ot]], secolld, ed by Coullcil~:lan ~lac~fillan, !.}iai lice~lse Fees be 1
as they are in the present lice]-]se O~-din~ce. Upon call oF poll the
motion car~'ied una~imo~tsly.
~lr. ~o)ept ~Iillnep, who plans to open a l)elic:~tessen ;tnd Psstpv
Shop at 614 East ~ttlantic ~kve. al, peat-ed before t~te Council, statin~
that he had been advised t}~at his license fee world, be ~ 15.00
the first ~4 1,000.00 dP stock cap~i, ed in l~is Shop, plus ;~ 3.00
e~cll add ~.tiona! k; 1,000.00 dP stock. Upoll at, Dlyit]~ fop tile license
he was told that the fee was %J 50.~:,0 per year, althou.~h other b~tsi_n-
esses of this classific;~tion had been licensed in t}~e Dust as
ants oft the above basis, lie asked that he be ~pa~]ted a m,pchant
license, or ih;,t all other Delicatessen S~,ops be Peri,tired to Day
$ 50.00 fee.
It was explained that an ePror had been made in tho Dost in
licensin~ these businesses as merclmnts, and that in the Fut~re ail
i~elic%es:~en Sho~s would be charged a fee of 9 50.00, as pPovided in
the License Ordi~nce.
The following letter from )~. James I. Sinks, offerin~ to
p.[rchase certain City owned prope~.ty, was read:
"9 September 1949
~ir. Charles ~. Black, City Hanager
Delray Beach
Florida
De;.r }ir. Black:
It is the request of the undersigned to obtain permission
From the City Co~ncil to ~}urchase the following City owned tract
of land:
Tl~e $]I ~ o$ the ~E ~ oF the ~d¢ ~ and Lhe E ~ oF the SE ~
oF t~e SY ~ of the N~J ~ oF Section 14, Township 4a Sourly,
l{ange 42 East.
I t is understood that i¢ the City grants t~is per'~ssion t]~e
undersigned will have to ~[~posit with the City of Delray Beach a s~tm
equal to the base pcice extablished by ~l~e City plus advertisin.¢
costs necessary For a public auction. Upon notification o6 any
reasonable pPice bein.$ set on the above described property a certified
check ~ill be deposited with the City of I)e~ay Beach coverin~ such
cost.
Your immediate presentation of the above proposal to the City
Council will be ~rea~ly apprecia%ed.
Yours very truly,
(Si~ed) James I. ~inks
JIS:fr James I. Sinks"
286
Si~PT~}I~E}{ 13TII, 1949
City Nanager Black stated that this property is the old City
rock pit, located west of the Nilitary Trail and north of Atlantic
Avenue, consisting oC approximately 15 acres, but that it con-
tained no rock useable for road purposes.
Action was withheld until the next meeting of the
in order to be certain that there is no rock there which might be
used by the City.
A letter from Lee Belle Priest, with reference to regulating
the height of hedges, was read as follows:
"September 11, 1949
Nembers of the City Council
Delray Beach, Florida
Gentlemen:
I understand the City Council is considering regulating the
height of hedges.
I wo:lld like to say that I see there are quite a few being
trinm~ed up here in town and I think it is a very good idea. I
think if the height was designated a certain number of feet, say
three or four feet high, and also regulate the width, that much
benefit would be derived from this regulation. If one happens
to be situated on the west or north side o£ a large hedge, it ke~ps
the breeze from the house and also harbors so many sandflies and
mosquitoes. I feel that any ]~elp the City Council gives on this
matter will be appreciated by many.
Respectfully,
(Signed) Lee Belle Priest
Lee .Belle Pr'test
134 S. E. 5th Avenue
Delray Beach, Florida"
The Clerk was instr;~cted to file the letter and advise
Hiss Priest that the Council does not feel it can reffulate the
height of hedges on ~rivate property.
An application, filed by John P. But'Pick, for license to sell
beer and wine at the Delray Pladium, N. E. Fourth Avert.lc, was
approved, subject to verification of distance from schools and
churches, in a motion by Councilman }lac}iillan, seconded by Council-
man l~oth, and unanimously carried.
,in Ordinance to amend the Building Code, as recomrended by
Code Comr'ittee, was bro;t~ht up by the City Attorney, who stated that
he had not included the use of U-Blocks, as he Celt tltere should be
more definite regulations as to what they should measure up to.
Nr. F. J. Schrader, Building Inspector, however, advised the
Co~,~ncil that the Code Committee had made their recomr~endations on
t}~e use o£ the U-Block, and had approved the use of the Blinker
bleak, and that specifficutions for :[se of the U-Block prepared by
Blinker Naterials Corporati. on were ou ffile in l~is oFffice.
In view of tl~ese Facts the City Attorney m~s instructed to
draft the proposed Ordinauce to include the :~se o~ U-Blocks as
approved by t}.:e Code Conm~ittee, to be c~ns~dered at tl~o next
ing oF th~ Co~u~cil.
Copies of a proposed Or,:t.in~uce to r~?tlate t~;e operation a~d
licens.[nZ of Taxi-Cabs in the City, were given to enP~ Co~mcilman
For study b,~fore consideration of the Ord~n~:nee at t~e next mc. et
The fo!lowin~ [esol:~tion ~.ms t~ o~ ~rese,~ted by
%;~c~iillan, who rea~ s~me in r~ll:
South thro,tglt the City of' Delray ~le,.c',: is in a state of
c. ondJ_tion ~,nd repair ~ml)ecomin~ to tl~e :~tate of F'l_orida :~¥1 ~o
~ect:ion of~' ''~orld,~' ' , ,'nd brin~s. ;~r~;~t_ discredit to ih~m, and
....,~'II~,~,:-.o-~ ', l;'. 5. ltighw~y. No. I is proh;.1)le the ~,ost heavily. ~ [.rave]led
highway in the State of Flc, rida, ~nd is the main artery For the
armua] w~nter ,dgration to South Florida, and
.... ,~,~:, the ~tate o.g Florida 1ms in past years b,tilt a r~-
putation flor its excellent ~hwnys and have reconstr,,etod :md
proved said iiighway No. 1 tl~ro,tgh vario~tg otJ:or cJ. tios lind towns.
~:~,L,...~,i~.~.~...,: the CJ.i:v.. ,~f Delrny l~o;.:(',.h }.,s -~rnvid~(1, _ hv ordirmne~
a twent.v foot set !0~,o17 b,~:iqdJ~tK req,tirement fop a].l r,~t,~r'~,
"~,,-U. S. i within the City nP i~elrav ?;e~.cl~, ~¢~,'[0]~ wJl.] aCCord
'= .... the City or ira]ray'" '-
~,~ti:..',.~,,~,, ~ ~ ~>eae,, is rea ~:' aud wil. lin~; to
r. te in each ;d-~d every ,':.rmer i:ossible wil:!~ f.]~o robttilding and im-
prove.;e~t of said ~"i2hway incl~tdiu.~ t. he enactin~ of parkinff restr~et, inm~
on si, id highway wit!nih the City limits, ir doomed necessary;
1. That the City of Oelray Beach end'orses, ur,ges, and pleas,
that the State Aoad Department of the State of Florida take s,teh
action as may be necessary to eliminate this discredit to Florida
by the Peconstm~ction of sfiid Highway N,,. 1 South from Boynton
Beach through the City of Del~ay Beach.
2. That through the City of Delray Beach said U. 3. Ili~hway
N0. 1 be repa, ved For Sufficient width to afford foltr lanes o¢
that storm sewers, curbs and ~mtters be built, and sidewalks be rob,tilt
in connection with said llishwav No. 1.
3. That this City Co,~nc~l o£ Delray Beach consider this ~roject
cs their paramount project, an~'~ dedicate tl~eir e.C~orts to the at*a i_nmant
and completion of this i~i~rovec~ent.
4. That all civic organizations oF 1~el~-ay Beach be up,ed to
unite their e~orts in the attain~nent oF this goal, and take s,~ch ..
action as they may deem ~it to expedite this cause.
5. That a copy of thi s resolution be imr'ed:iately forwarded to
the following:
a. The Governor o~ the Y;tate of Florida
b. The State itoad Department or Florida
e. Tl~e Board oF County Con,missionerS of Palm Beach Co~mty.
d. The Town of aoynton Beach
e. State aepresent, ative Itoh.' John E. Bollinger
State Senator John Beecham
g. The Palm Iteach County itesources Development Board
h. all civic organizations of l)el~ay Beach
Last Coast Illghway Association
j. }lerpill P. Barber, State i;oad Con,nissioner
P~k~;SEl) IN ;{EGULAil SESSION ON Tills 13TI~ DAY t~l SEPTI~BER 1949,A.D.
) g. L. Saunaers
ATTEST: ~PIIOVED:
(Signed) auth i~. Smith (Signed) a. L. Saunaers
C~ty lerk President City Council
Upon motion o~ Councilman Ha.e~iillan, seeonaed by Councilman
[loth, unanimously ear,ied, the Fore~o~n~ itesolution ~o. 74~ was
passea and adopted as
City Ha. nagep Black sngges~ea ~hat me~DePs o~ the Conn~l eon-
each C~v~¢ organization De pPesen~ at ~heir
our County Co~nissioner.
Si~P'rLP~'BL:i[ 13Tli, 1~.t9
Upon motion of Councilman i~oth, seconded by Co,incline-an
5!ac}fillan, um~nimously ca~'ried, bills totaling ~ 23,407.31 were
approved £or pay~,ent, subject to appl~ow'~l of' the Finance Co~..mittee.
The meeting t}~en adjourned.
ATTEST: