11-08-49 NOVEMBER 8TH,
Regular meeting of the City Council of the City of Delray Beach
was held in the Council Cha~abers at 7:30 p. m. with Mayor J. L.
Saunders in the Chair, and City Attorney John Moore, City Manager
Chas. E. Black, and the following Councilmen present: L. H. Brannon,
John N. Kabler, NeLl E. MacMillan, and Walter A. Roth, a quorum being
present.
A representative of the Colored Recreation Association appeared
before the Council stating that the building which they have occupied
as a Youth Center has been sold, and they will have to vacate by
Decer~ber 1st. He asked th~ Council to hear their Committee at the
next regular meeting, regarding their investigation and plans to be
considered in the meantime. He also stated that they had inspected
a building at Boca Paten, which-they could buy for about ~ 900.00,
to be moved to any location, but they had no funds or land, and it
would cost several hundreds of dollars additional for a foundation
for the building, and for a roof, plumbing fixtures, electric wiring,
etc.
City Manager Black advised the Council that the City o.~ned a
five acre tract of land immediately west of the north half of Tourist
Nook Subdivision, known as the N~ of the S'J~ of the NE~ of theNN¥' ~
of Section 17, facing on N. W. 3rd Street, which might be used for a
site for a Community or Youth Center.
Councilman Brannon moved that the $ 2,500.00 set up in the budget
for the Colored Youth program be advanc ed ~to them at this time, to
enable them to buy this building, move it to the City ground mentioned
above, and equip it, and if necessary, their operating expenses could
be financed by the City and included in the follo~ ng year.s budget
in the amount actually spent, as he felt it would be a permanent im-
provement and a benefit to the entire colored community.
Councilman MacMillan approved of offering them the five acre
tract of land, but he was opposed to carrying a deficit over'to the
next year's budget. He felt that they should be able to provide a
building themselves, if given the land and operating expenses as set
up in the current budget.
Mayor Saunders was in favor of advancing possibly $ 1,000.00 of
the item budgeted, saving the balance for operating expenses during
the ye ar.
After further discussion, Councilman Brannon changed his motion
to provide that the unexpended balance of the item of $ 2,500.00 set
up in the current budget, be made available immediately for the p~r-
chase and equipment of a building to be used as a Community Center
building, the operation of the Center to be handled by the Recreation
~ssociation itself, which was agreeable to the members present. The
motion was seconded by Cour~ilman Roth, and upon call of roll carried
unanimously.
The City Manager was asked to inspect the building which the
Recreation Association was considering p..t~rchasing from Boca Paten,
and in a motion by Councilman Brannon, seconded by Councilman Macmillan,
and unanimously carried, the City Attorney was authorized to advise
the Council as to the feasibility of dedicating the eutire tract of
land for park purposes for the use of all colored citizens, or to
obtain a Charter for the Recreation Association, and then lease the
land they ~ould need, to them.
NOVEMBER 8TH, L9~9~. ~ ~
The use of ballots or voting machines for the Primary and
General Elections was discussed, after which a motion was made
by Councilman Brannon that two voting machines be used, and seven
persons be appointed to serve on the Election Board. The motion
was seconded by CoUncilman Roth, and upon call of roll carried
unanimous i y.
The following Election Board was then appointed by the Mayor,
and approved by the CoUncil:
W~n. R. George James Johnson
L. F. Ranson Russell Hitchins
James T. Smith Mrs. John I. Hurst
Paul E. Gringle
Mrs. George Boughton - Alternate
Miriam Brown - "
Upon advice of the City Attorney that he had checked the
qualifications of the following nine candidates for the office of
City Councilman, and found them to be in order, a motion was made
by Councilman MacMillan that these candidates be certified and
their names placed on the baliot for the P~imary Election to be
held November 22nd, 1949. The motion was seconded by Councilman
Brannon, and upon cal~ of roll carried unanimously.
The candidates are as follows:
King S. Cone John N. Kabler
Robert Fleming Raymond C. MacFadden
James W. Galloway James'R. Nieder
R. J. Holland Samuel 0gren
W. A. Jacobs
A letter from the Zoning Board, with reference to certain
requests for special permits, was read as follows:
"l November, 1949
Honorable Mayor and Members of the City Council
of the City of Delray Beach
Gent lemen:
Your Planning and Zoning Board met at 10:30 A. M., November l, 1949,
with the following members present: Kenneth Jacobson, Bruce Puckett,
Garland Thayer, and King Cone.
1. The request of Mrs. R. B. Belden for a special permit to im-
prove and make additions to her property located on Lots i and 2,
Block 2, Del Ida Park, without complying with set-back requirements
was considered.
~oe ZoDin~ B~ard recommends that the °ermit be granted in considera-
n or a~walver of compensation shouId the City ever require the
NOVEMBER 8TH, 19~9.-
use of the property on which the improvements are made.
2. The request of Mrs. Brett Russell for a special permit to
build an addition to her duplex building located on Lots ll and
12, Block 4, Ocean Park, without complying with side and rear
set-back requirements was considered.
The Zoning Board recommends that the permit be denied for the
improvements intended can be made in compliance with the regula-
tions of the code without hardship to Mrs. Russell.
3. A request for a permit to erect a car port and guest room at
the rear of property located on Lot 13, Block 106, by Mr. & Mrs.
Bare was presented by Mr. Schrader for consideration. The property
is located in a general business district on the North Federal
Highway.
The Zoning Board recommends that the request for the permit be
granted as they find no violation of the code involved.
4.The application for a building permit by Mr. M. M. McMurrain
to erect a duplex on Lot 22, Block 58, on which there is a residence
and garage apartment was denied.
The Zoning Board recommends that the permit be denied as it would
~be~ in violation of the code and establish a precedence which would
permit the erection of more than a two family unit on a single lot
located in a B zone.
Very truly yours
Dk~.RAY BEACH PLANNING AND ZONING
BOARD
KSC:hl /S/ King S. Cone, Chairman"
Upon motion of Councilman Brannon, seconded by Councilman
Kabler, and unanimously carried, the recommendations of the Zoning
Board were approved.
A request filed by Willie Stokes for a license to peddle pea-
nuts from a bicycle in the colored section only, was approved, upoh
motion of Councilman Brannon, seconded by Councilman Kabler, and
unanimously carried.
City Manager Black advised the Council that the Florida East
Coast Railway Co. had completed their installation of guard rails
and ties for the opening of the crossing at N. E. 1st Street, and
the City would now have to do the rocking and surfacing. He stated
that he had received one rough estimate of approximately $ 800.00
for this work.
A motion was made by Councilman Kabler, that the City Manager
be authorized to prepare specifications and advertise for bids for
this work, and the contract awarded to the low bidder.
NOV~R 8TH, 1949. ~
A letter from Mr. Mike L. Blank was presented by Mayor Saunders,
and read as follows:
"October 31, 1949
Mr. Jack Saunders, Mayor
Members of the City Council
Delray Beach, Florida
Gentlemen:
It is with much appreciation that~ I accept your gift of a life
membership to the new 18-hole Delray Beach Country Club.
It is a well-known and I believe a well-established fact that the
completion of an additional nine holes of golf for Delray Beach
has been a hope I have cherished for many years, and needless to
say the fact that I have worked on the project is also a source of
much satisfaction to me. However, I feel that much credit should
be given to you, our Mayor and City Council, Mr. Black, our City
Manager, Mr. Manson, the Chamber of Commerce, Mr. Dick Wilson, and
the members of the ~Golf Committee. It was a project that required
much courage and foresight and I feel it has been a special privilege
to have been able to work with you.
It is because of your cooperation that I have had complete confidence
in a completed and successful 18-hole Golf Course for Delray Beach.
Yours very truly,
/S/ Mike L. Blank
MLB/vbh"
Councilman MacMillan reported that he had contacted Mr. Merrill
P. Barber of the State Road Department, and a hearing would be held in
Ft. Lauderdale on Saturday, Nov~ber 12th, with reference to improve-
ments to U. S. Highway #1 through this County.
Councilman Roth explained to the Council that a deplorable con-
dition exists at the City Jail due to inadequate facilities, and
moved that the City Manager be instructed to investigate th~ possibility
of constructing a Jail building on the Water Plant property, in
connection with the contemplated repair shop to be built there, to-
gether with an apartment for a Jailer and caretaker to take care of
feeding the prisoners, and to guard City property at this location,
the entire project to be financed by Reven~m Certificates to be
repaid by the City's share of parking meter receipts as long as
needed.
Police Chief Croft confirmed Mr. Roth's statements that the Jail
is ~t times badly over-crowded, and that the situation has been
serious for many years.
NOVEMBER 8TH, 1949.
Councilman Brannon suggested that the Fire Station, Jail, and
the City Hall be moved to available property on the southwest corner
of West Atlantic Ave. and 2nd Ave., where adequate buildings could
be built, as well as a needed auditorium.
After further discussion, Councilman MacMillan seconded tho fore-
going motion made by Councilman Roth, and upon call of roll the motion
carried unanimously.
City Manager Black asked authorization of the Council to ad-
vertise for bids immediately on the proposed shop and storage building
at the Water Plant, for which plans had been drawn, and an item of
$ 5,000.00 set up in the budget to cover the cost of construction.
Upon motion of Councilman Brannon, seconded by Councilman Roth,
and unanimously carried, the City Manager was given this authorization.
~ The followi~ Ordinance was then brought up for second and final
reading, and same was read in full:
ORDINANCE NO. G-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, LAMYING THE ASSESS-
~.~NTS AS SI{O~:~ BY THE ASSESSi~EET ROLL SUBMITTED
BY THE CITY ENGINEER OF SAID CITY, CONCERNING
THE IMPROVEMENT BY THE CONSTRUCTION OF STORM
DRAINS ON S E. FOL~TH AV,'.~fUE, FROM THE ALLEY
SOUTH OF ATLANTIC AVenUE TO S. E. FIRST STREET,
AI'O EAST 0N S. E. FIRST STREET TO TPr2~ FEDERAL
HIGHWAY, AND THE INST~LLATION OF NI?~ NECESSARY
CATCH BASINS IN CONJUA~CTION '~;ITH SUCH DRAINS.
¥;HEREAS, 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 storm drain~ on S. E. First Street, and east
on S. E. First Street to the Federal Highway, and the installation of
nine necessary catch basins in conjunction with such storm drains,
and
WHEREAS, said report and assessment roll were approved by the
City Council in regular session on the 18th day of October, A. D.,
1949, and
WHEREAS, due notice concerning said assessr~nt roll was given
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
EStEREAS, such objections as were heard were deemed insufficient
by the City Council of the City of Delray Beach, Florida~
NOW, TH.~.REFORE, BE IT ORDAINED by the City Council of the City
of Delray Beach, Florida, as follows:
7O
NOVEMBER 8TH, 1949.
SECTION 1: The ass.essments, as sho~a~ by said assessment roll,
which is annexed hereto and made a part hereof,
are hereby levied against the property sho~.aa and in amounts shown
on said assessment roll, said assessments to be paid in ten equal
annual installments, together with interest at the rate of 8% per
annum, the first installment becoming due and payable on November
8th, 1949, and on the 8th day of November 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 said assessment roll, of the same
nature and to the same extent as the lien for general City taxes, and
shall be collectable in the same manner and with the same penalties,
and under the same provisions as to sale and forfeiture ~s City taxes
are collectable.
PASSED in Regular Session on second and final reading on this
the 8th day of November, A. D., 1949.
(Signed) . J... L. Saunder~s
President - c'fby '~ou'~c~'l
APPROVED:
(Signed) J. L. Saunders MAYOR
ATTEST:
(Signed) Ruth R. Smith
City C~erk- '
( SE L )
1st Reading - October 25, 1949 (See minutes of October
2nd " - November 8th, 1949. 25th for copy of assessment
roll )
City Attorney John Moore explained that the complaint filed on
October25th by ;~u. R. George was unwarranted as, under the City
Charter, any property directly benefited by the improvement could
be assessed, but only within the limits of the immediate benefits.
Mr. Georg,s argument that property for a block or more in either
direction should also be assessed, would cause an over-lapping of
assessments in the future.
City Manager Black confirmed the belief that the property owned
by Mr. George was benefited as much as any property on the Street,
especially since the construction of his new store on the west side
of 4th Avenue.
A motion was then made by Councilman Brannon that the foregoing
Ordinance No. G-86 be passed and adopted as read, and upon call of
roll the motion carried unanimously.
NorthER 8TH, 1949.
City Manager Black outlined a plan to improve traffic con-
gestion at the Post Office, stating that after going over the
problem with the Chief of Police, the best solution seemed to be
to reverse traffic in front of the Post Office, allotting only
one-way traffic going south, and to reverse traffic on the alley
south of the Post Office, making it one-way going east instead of
west, and leaving two-way traffic on the alley between 1st and 2nd Avenues
and on N. E. 2nd Avenue. This would prevent cars from backing out
from the Post Office on Atlantic Avenue.
Councilman Brannon suggested that a traffic light be installed
on the corner of East Atlantic Ave. and 1st Ave., but no action was
taken at this time.
A motion was made by Councilman MacMillan, that this plan be
put into effect immediately. The motion was seconded by Councilman
Roth, and upon call of roll carried unanimously.
Upon motion of Co~u~cilman MacMillan, seconded by Councilman
Brannon, and unanimously carried, the Clerk was instructed to write
a letter to the Garden Club complimenting them on the improv~ent
of Atlantic Avenue by the planting of palm trees.
City Manager Black reported t~at he had gone over the installa-
tion of street lights in the colored section with the Florida Power &
Light Co., and had requested an estimate of the cost of the replace-
ment of old lights and the installation of t~o or three new lights
on ~est Atlantic Avenue. He had also asked for an estimate on the
installation of street lights needed on the Federal Highway from
8th Street north to 6th Street south.
As a result of complaints from merchants and storekeepers in
the colored section, a motion was made by Councilman Brannon that
the City Manager be instructed to work out a system of daily, or
every other day, garbage and trash pick up in the business districts
in that section as quickly as possible. The motion was seconded by
Councilman MacMillan, and upon csll of roll carried unanimously.
In a motion by Councilman Brannon, s~conded by Councilman Roth,
and unanimously carried, bills totaling ~ 38,6?9.05 were approved
for payment, upon approval of the Finance Committee.
Mr. George Boughton, owner of the Colony Hotel, appeared before
the Council with reference to a polict adopted by the Standard Oil
Co., who operate a Service Station opposite the Colony Hotel, on the
Federal Highway, to stay open twenty-four hours a day. He explained
that the noise from this Service Station during the night made the
rooms on the east side of his building undesirable, and he asked
the Council to write the main office of the Standard Oil Co., asking
them to reconsider this policy of staying open all night, or to pass
an Ordinance prohibiting it. He felt it would be detrimental to the
City, as well as to his business, by creating an ill feeling for the
City among tourists.
After due consideration as to thc City's right to regulate a
h erson's business in this way, a motion was made by Councilman Brannon
at the City Attorney be instructed to take the matter up with the
NOVEMEER 8TH, 1949. ~
Standard 0il Co., and t~y and work out a feasible solution at this
particular station. The motion was seconded by Councilman Kabler,
and upon call of roll carried unanimously.
An amendment to the Electrical Ordinance No. G-?6, with
reference to the grading of examinations, was brought up as an
emergency measure, and read in full as follows:
ORDINANCE NO. G-87
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DELRA¥ BEACH, FLORIDAM A~JD-
lNG SECTION 4 OF ORDINANCE NO. G-?6, PERTAIN-
ING TO THE BOARD OF ELECTRICAL EXAMINERS, AND
TO APPLICANTS FOR ELECTRICAL LICENSES, BY
PRESCRIBING THE N~HOD BY WHICH PERSONAL
REPRESENTATIVES OF AfPLICANTS ARE GRADED BY
SAID BOARD.
BE IT ORDAINED BY the City Council of the City of Delray
Beach, Florida, as follows:
SECTION 1: That Paragraph ~ of Section 4 of Ordinance No.
G-?6 be and the same is hereby amended to read
as follows:
"The Electz~cal Inspector shall report the grade received by
the personal representative to the City Council, and the Electrical
Board shall make its recommendations, such reco~nendations to be
based upon the grade received by the personal representative. In
arriving at the final grade received, the Electrical Board shall
grade said personal representative on his experience, recoEEenda-
tions and personal interview for the first part; and shall further
grade said representative on the oral exar~nation for the second
part, and on the written examination fro the third part, and shall
add the three grades together and divide the sum by three. The
City Council shall have the final decision as to the granting of
either of said classes of licenses to the applicants therefor."
SECTION 2: In all other respects Ordinance No. G-?6 shall remain unchanged.
SECTION 3: This is an Emergency Ordinance, and shall become
effeEtive immediately upon its passage on first
reading.
PASSED in Regula~ Session on this the 8th day of November,
A. D., 1949.
(Signed) J. L. Saunders
President - City coUncil
APPROVED:
ATTEST: (~Signe.d.)...J...L.. Saunders
(Signed) Ruth ~. SEith _ MAYOR
( SEAL ) C i't~ 'Cie rk
NOV BER 8TH, 19¥9
Upon motion of Councilman Brannon, seconded by Councilman
Kabler, and upon call of roll unanimously carried, the foregoing
Ordinance No. G-87 was pass.ed and adopted as read, a copy to be
immediately furnished the Electrical Board for action on former
instructions.
An Ordinance to amend the Liquor Ordinance to control the
number of beer and wine licenses issued, and also for the transfer
of existing liquor, beer or wine licenses, was presented by the
City Attorney for first reading, and read in full as follows:
AN ORDINANCE OF T~E CITY CO L~C IL
OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHA~TER VIII OF THE CITY CODE
OF THE SAID CITY, PERTAINING TO THE
SALE OF AND LICENSES FOR INTOXICATING
LIQUORS, ~INES AND/OR BEERS, BY PROVIDING
THAT NO MORE TH~N ONE WINE AND/OR BEER
LICENSE Si~LL BE ISSUED ON A~Z O~IE SIDE OF
ANY ONE BLOCK~ AND O~LY THEN ~gH~ SUCH
SIDE IS IN A BUSINESS DISTRICT; AND BY
FURTHER PROVIDING THAT LICENSES FOR Ti~ SALE
OF INTOXICATING LIQUORS, ~NES AND/OR BEERS
SHALL BE TRANSFERRED ONLY UPON APPROVAL OF
THE CITY COUNC IL.
Councilman Kabler, however, felt that the Ordinance would not
accomplish the purpose for which it was intended, but would create
a monopoly on existing licenses. He believed that every application
for a license should be approved by the Council as required.
After consideration, Councilman Brannon amended his motion to
provide for one license on either side of a street in any given
block in a Business District, not excluding existing licenses, and
that the Ordinance be placed on first reading, as emended. This
motion was seconded by Councilman Kabler, and on call of roll carried,
Councilmen Brannon, Kabler, MacMillan, and Saunders voting in favor
of the motion, and Councilman Roth opposing.
An Ordinance to amend the License ordinance to provide for free
licenses for persons sixty-five years of age or over, was brought up
for first reading, and read in full as follows:
AN 0RDINANC E 0F THE CITY CO IR~C IL OF
THE CITY OF DELR~f BEACH, FLORIDA,
A~-~NDING SECTION 26~ OF ORDINANCE
G-11. PERTAINING TO BUSINESS, PRO-
FESSIONAL AiO OCCUPATIONAL LICENSES,
BY PROVIDING THAT RESIDENTS OF SAID
CITY WrHO ARE SIXTY-FIVE YEARS OF AGE
OR OVER SHALL BE EX~PTED F~qD M SUCH
LICENSES UPON THE A~ROVAL OF THE CITY
COUNCIL.
NOVE$~E R 8TH,
Upon motion of Councilman Brannon, seconded by Councilman
MacMillan, and unanimously carried, the foregoing Ordinance was
placed on first reading.
An Emergency Ordinance to regulate the height of hedges and
obstructions at corners, was presented by the City Attorney, and
same was read as follows:
AN ~ERGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DkSRAY BEACH,
FLORIDA, PROVIDING THAT NO HEDGE OR
SHRUB SHALL BE MORE THAN TI~R~ FEET
IN HEIGHT, MEASURED FROM THE CROWN OF
TEE ROAD, FOR A DISTANCE OF T~YENTY-
FIVE FEET FROM A PROPERTY LINE ON A
CORNER; AND FL~RTHER AUTHORIZING THE
CITY OF DE~LRAY BEACH, FLORIDA, TO TRIM
SUCH HEDGE OR SHRUB AND ASSESS THE COST
THEREOF AGAINST ~ 0~ER, AFTER GIVING
THE 0}~NER DUE NOTICE OF AllY CIOLATION
HEREOF; AND FURTHER PROVIDING THAT
AFTER THE EFFECTIVE DATE HEREOF NO WALL
OR STRUCTURE SHALL BE ERECTED MORE THAN
T~qEE FEET IN HEIGHT, ~&EASURED FROM TH~
CRO~ OF THE ROAD, FOR A DISTANCE OF
T~ET~TY~FIVE F~ZET FROM A PROPERTY LINE
ON A CO~ER, EXC~T BUILDINGS IN THE
BUSI~¥ESS DISTRICT; AND ~JRTHER PROVID-
ING A SAYINGS CLAUSE A.¥D A P~'~ALTY.
The City Attorney stated that the Ordinance did not include
walls, as it would be a retroactive law to require a man to destroy
a portion of a wall which he had built in conformance with the
Building Code. He recommended t~hat a new Ordinance be passed to
regulate the future construction of walls or any object which
would obstruct visibility on a corner.
A motion was made by Councilman Kabler that this Ordinance be
muended to include the future construction of walls, and be pas~ed
as an emergency measure, as amended. The motion was seconded by
Councilman MacMillan, and upon call of roll carried unanimously.
City Attorney Moore advised t~he Council that Mr. ~.~lie Ewing
had agreed to remove his hedge which is on City property, on the
corner of N. S~nton Avenue and 8th Street.
The meeting then adjourned.
APPROVED:
mayor