01-13-48 JANU~RY 13TH, 1948.
Regular meeting of the City Council of the City of Delray Beach ~as held in
the Council Chambers at 7:30 P. M. ~ith Mayor L. H. Brannon. ia the Chair, and
City Manager Charles E. Black, and the following Councilmen present: M. M. De;~itt,
John N. Kabler, Jr. Nei! E. MacMillan and C. J. White, a quorum being present.
Mr. H. Earl Humbert addressed the Council, outlim~ng his plans to pr~hi~e a
City Directory for the City of Detray Beach, asking the City Council to endorse
his project by purchasing the front pa~e advertisemen% in the Directory at a price
of $65.00, which would include one copy of the completed Directory.
Mr. Humbert explained that the Directory would be printed in three sections~
as follows:
First Section - An alphabetical list of names and addresses of all persons
who were here for six months or more, the information to be obtained by
a house-to-house canvas. The occupation of the husband, or wife, or
both, the telephone number, ~ether home oMners or not, and all children
under 18 years of age would be listed, and color would be designated.
Second Section - Alphabetical Street directory, sho~ing the names of occupants
of each property.
THird Section - Classified section according to businesses, with names of each
business or firm listed.
Mr. Humbert planned to bring the Directory up to date every three years. It
could be completed ~ithin three months, two months being required to compile the
data and one month for printing.
Councilman MacMillan advised the Council that another firm ~as in~er~ested in
compiling a City Directory in this City, stating that he had arranged to appear be-
fore the Junior Chamber of Commerce on the fo!lo~ino~ night, and asked that no action
be taken until after this meeting.
Mr. Humbert was promised a decision, through the City Manager, by January 15th.
Mr. EdMard A. Schellenberg, representing the Lions Club, presented a Resolu-
tion adopted by the Lions Club on January 12th, with reference to the unsatisfac-
tory service bein~ furnished by the Southern Be21 Telephone & Telegraph Co., and
the Resolution was read in ful~ as follows:
"WHEREAS at the regular meeting of the Delray Beach Lion's Club on J. an~_~_~ry 12~
1948, the subject of telephone service no~ being rendered by the local branch c~
the Southern Bell Telephone Company was again brought to the floor and discussed
by the members present, at such length.
~HEREAS the membership ~s unanimous in it's opinion that the service now being
rendered was so deplorable as to be called a state of emergency, or near emergency,
therefore causing the business men as well as the tourists to suffer. Beaause of
the dependency of the City of De!ray Beach on the tourist trade, and because most
tourists are men ~nd women of prominence in business and ~overnmental affairs,
and because it is a definite reflexion on the City of Delray Beach to have to
constantly excuse and apolisize the telephone service, and because it Mill def-
initely endanger the future tourist business as well as impair the services
generally rendered by our local business men.
fANUARY i~TH, 19/+8.
NOW THEREFORE, BE IT RESOLVED: that the Lion's Club committee of W. W. Cook, C.R.
Jacoby, and Edward A. Scbellenberg present to the City Council of Delray Beach
theLr request that this Council recognize this state of emergency and without
procrastination or further delay of any kind immediately draft a letter to be
addressed to the main office in Jacksonville, the district office in West Palm
Beach and the local office in Delray Beach, demanding that immediate steps be
taken by the Southern Bel~ Telephone Company to remedy and rectify all branches
of its service which the Council, supported by the various Civic organizations
of Delray Beach, have found to be highly inadequate and contrary to the usual
fine service rendered by the Bell Telephone Company. Because the telephone is
no longer a luxury but is an instrument upon which the world in general places
its faith in business and health emergencies as well as the normal routine of
business and social conversation, we submit this resolution to the City Council
of Delray Beach, and pray they act i~ediately.
We suggest that a letter be drafted by the City Council and carry with it the
signatures of the presidents of the Civic organizations and all others who in the
opinion of the City Council may add weight to the sincerity of this compalint,
so that the Southern Bel~ Telephone Company may welt' know that this is not a
"crank" letter or a petty complaint.
(Signed) W. W. Cook
W. W. Cook
(Signed) C. R. Jacoby
C. R. Jacoby
(Signed) Edward A Schellenberg
Ed~mrd A. Schellenberg"
The Council was also advised that a petition had been circulated by the
Arcade Tap Room, which several hundred citizens had signed, protesting against
the local telephone service, and demanding that some action be taken to improve
this service immediately and the Council was asked to add this petition to the
Resolution of the Lions Club, and when a letter is written, a copy be sent to
the State Railroad Commission.
Many people in the audience complained of the extremely slow service, the
frequent disconnections during conversations, and of the discourteous treatment
in the bus,ness office and by the operators on the switch board.
Mr. E. C. Bowen, District M~ager of the Southern Bell Telephone & Tele-
graph Co., then addressed the Council, stating that he had had very few previous
complaints about the service being furnished in the City of Delray Beach, explain-
ing that all personnel were employed by the Telephone Co., that the Company had
extended its facilities to provide Service for additional subscribers, and that
there was no reason why the service being given should not be efficicent and
satisfactory.
Mr. McKinstry, Traffic Manager for the Southern Bell Telephone ~ TeLegraph
Co., then explained their method of employing and training operators, stating
that over 2000 more calls had been handled during the week of January 5th than
during' any one week in October, but he also stressed that fact that their equip-
ment and employees were sufficient to handle all business in the City efficiently.
JANUARY 1STH, 1948.
Mr. Bowen advised the Council that definite plans had been made far the installa-
%ion of dial service prior to the season of 1949, or as soon as the equipment was
available, in the meantime the system would be increased as much as possible to
improve the service.
A motion was then made by Councilman DeWitt, that in view of the fact that the
majority o~ the people in the City were disgruntled with the service the Southern
Bell Telephone & Telegraph Co. is giving in Delray Beach, the Council had no alter-
native other than to take the action requested in the Rosolution submitted by the
Lions Club, and that a letter embodying the main points~of this Resolution be sent
to the different offices mentioned, and a copy sent to the State Railroad Commission.
The motion was seconded by Councilman MacMillan, and upon ,all of roll carried
unanimously.
The following Resolution was then !,troduced, and same was read in full:
"RESOLUTION NO. 648
A RESOLUTION OF THE CITY COUNCIL, CITY OF DELRAY BEACH, REQUESTING STATE ROAD DEPART-
MENT TO MAKE CERTAIN STREET IMPROVEMENTS IN TP~ CITY OF DELRAY BEACH, FLORIDA:
WHERF~IS, the old Dixie Highway was formerly the main traveled State Highway,
used in the place of U. S. No. 1 prior to the time U. S. No. 1 was constructed
through the City of De!ray Beach, and
WHEREAS, said old Dixie Highway has become badly worn and is in a very rough
and unsafe condition and it is desired by the City of Delray Beach that the State
Ro~d Department take ove~ the maintenance of the entire length of said old Dixie
Highway from the South City Limits of the City of De!ray Beach to the point where
said Highway returns to U. S. No. 1, immediately South of ~oynton Beach,
NOW THEREFORE, be it resolved by the City Council of the City of Delray Beach,
Florida:
1. That the State Road Department be requested to take over for maintenance,
repair and rebuilding, ali of theft portion of the old Dixie Highway, as the ss~me
is now laid out and constructed from t~e South City Limits to the point where
said Highway returns to Highway No. 1 ~outh of the Town of Boynton Beach.
2. That that portion of the said Highway lying from Northeast Eighth Street
north to where the same returns to U. S. No. 1, is in deplorable'condition and needs
immediate rebuilding and re-surfacing and the City does hereby request that said
work along said Highway be done immediately.
ADOPTED BY the City Council of the City of Delray Beach, Florida, this the
l~th day of January, A.D. 1948.
(Simned) L. H, Brannon
President, City Council.
ATTEST: APPROVED:
SEAL (Signed) L, H, Brannon
~Signed) Ruth R, Smith Mayor
City Clerk
JANUARY 13TH, 194~.
After discussion, a motion was made by Councilms_n Kabler, seconded by Coun-
cilman MacMillan, theft the foregoing Resolution No. 648 be passed and adopted~
subject to the City Attorney determining whether or not the 01d Dixie Highway
is a STate Road, and if the State has the right to control traffic on State
designated roads through a Municipality. Upon call of roll the motion carried
unanimously.
The following Resolution was then presented, and same was read in full;
"RESOLUTION NO. 649
A RESOLUTION OF THE CITY COUNCIL, CITY OF DELRAY BEACH, REQUESTING STATE ROAD
DEPARTMENT TO ~I~KE CERTAIN STREET IMPRINTS IN THE CITY OF DEIP~AY BEACH,
FLORIDA:
WHEREAS, the State Road Department is now planning to construct a limited
access road, known as State Road ~9, reaching from Miami north to the intez~
section of U. S. Highway No. 1 in the vicinity of Hobe Sound, Florida, and
WHEREAS, the City o£ Delray Beach has offered to cooperate with and to
donate and deed to the S~$ate Road Department any and all lands which the City
has along and in the proposed right-of-~ay of State Road No. 9, and desires
to commend and congratulate the State Road Department in its overall plan in
the construction of this proposed limited access road which will be of great
v~lue to the City and its many visitors who come South and spend considerable
time in our. City, and
WHEREAS, it is of great importance to the entire community that a proper
and adequate access road be constructed froma point where said State Road No.
9 intersects Atlantic Avenue, the main business street leading east~,ard from
said intersection to the main portion of the City and to U. S. No. 1 and to
State Road ALA,
NOW, THEREFORE, be it resolved lr! the City Council of the City of Delray
Beach, Florida:
1. That the City does hereby request t.hat the State Road Department
immediately haveits engineers contact the proper city officials with the idea
in view of laying out and planning a proper and adequate access road or roads
from State Road No. 9 eastward to U. S. Highway No. 1 and on to State Road
A1A. It is the desire of the City Officials to have an access road construc-
ted for sidewalks, curbs, gutters and storm sewers, as the e~tire length of
said access road to State Road No. 9 east~,ard will be along a built-up and
business section of the City, in which adequate storm sewers, sidewalks, curbs,
and gutters will be necessaz~y in order to serve the traffic.
ADOPTED BY the City Council of the City of Delray Beach, Florida, this
the 13th day of January, A.D. 1948.
Si ned) L, H. Brannon
resident, Ci%y Council.
APPROVED:
ATTEST: (Si~ned) L, H, Branno~
SEAL Mayor
(Si~ned) Ruth R, Smith
City Clerk"
JANUARY 13TH, 1948 ........
A motion was made by Councilman Kabler, seconded by Councilman DeWitt, that
the foregoing Resoltuion No. 649 be passed and adopted as read, and that copies
be forwarded to the State Road Department, and to the Board of County Commissioners
Upon call of roll the motion carried unanimously.
The following Resolution was then presented, and same was read in full:
"RESOLUTION NO. 6~0
A RESOL~ION OF THE CITY COUNCIL, CITY OF DELRAY BEACH, REQUESTING STATE ROAD
DEPARTMENT TO MAKE CERTAIN STREET IMPROVEMEI~S IN THE CITY OF DELP~Y BEACH, ~LORIDA:
WHERF~S, the State Road Department of the State of Florida, through the splen-
did efforts of Mr. Fultz, has caused splendid improvements to be made throughout
Palm Beach County in the re-surfacing and improving of U. S. Highway No. 1 as the
same passes through the Town of Riviera, West Palm Beach, Lake Worth, Lantana~
Hypoluxo, Boynton and Boca Raton. Ail of this improvement the Department is to
be commended for, and
WHEREAS, there now exists in the City of Delray Bgach a rather broken, badly
drained and narrow pavement over which all traffic of U. S. No. 1 now moves, and
this portion of the~ said Highway should be improved and widened to its full ex-
tent, taking into consideration the fifty foot right-of-way along which the said
Highway traverses, as there is no alternate route for dividing the traffic in the
City of Delray Beach and for a number of years in the future the citizens of the
City of Delray Beach and the traveling public in general must move along U. S.
High,my No. 1 on its present location;
NOW THEREFORE, be it resolved by the City Council of the City of De]may Beach,
Florida:
1. That the City does hereby request the State Road Department of the State
of Florida to let a contract for the complete rebuilding of that portion of U. S.
Highway No. I from the North to South City Limits, through the City of Delray
Beach, Florida, to a width of forty-four feet of pavement, proper curb, gutter~
sidewalks and storm sewers, using the present fifty foot right-of-way along which
the present U. S. Highway is now laid out and constructed.
2. That this work be done as soon as possible, as U. S. Highway No. 1, as
now laid out and constructed through the City of Delray Beach is narrow and in
bad condition, poorly drained, and constitutes a bottle-neck through which a great
volume of local and tourist traffic must ~ravel.
3. That the City now has on its books and records, and will continue to have
a building and zoning ordinance, which ordinances require a twenty foot set-back
for all new construction along U. S. Highway on both sides, in order to provide
for off street and Highway parking.
4. That the City will pass and keep in force an ordinanceprohibiting park'
ing along U. ~S. Highway No. 1 if and when said Highway has been improved by the
State Road Dep~rtment as herein requested.
ADOPTED BY the City Council of the City of De]ray Beach, Florida, this
the 13th day of January, A. D. 1948.
(Signed) L, H,,, Brannan ~
President, City Council.
APPROVED:
(Signed) L, H, Brannon
Mayor
ATTEST:
SEAL
(SiEned) Ruth R, Smith City Clerk"
Upon motion of Councilman MacMillan, seconded by CounciLman White, unani-
mously carried, the foregoing Resolution No. 650 was passed and adopted as read.
A letter from the Seab,~rd Airline Railroad Company, asking to be relieved
from the 15 mile per hour speed limit through the City, was read as follows:
"SFABOARD AIR LINE RAILROAD COMPANY
Norfolk 10, Va.
January 3rd,
160~-Fla.
Mr. J. W. Nowlin
City Attorney
Delray Beach, Fla.
Dear Jim:
For some time I have been hoping to pay you a visit but it looks as though
I will not be able to get to Florida anytime soon, hence this letter.
Last January, a year ago today in fact, you will recall that Mr. Butler
and I had a vert~ pleasant visit with you and City Manager Mr. Edmonds, in which
we discussed at length the Atlantic Avenue crossing over our tracks just south
of our station at Delray Beach. To meet the request of the city authorities,
I went to extreme lengths to get automatic signals installed at this crossing
at a tLme when signal material was at a premium and our signal forces had a
ve~~ heavy work schedule, and put these signals in ahead of many other urgent
projects that were already scheduled.
From our discussion I thought I understood very Clearly tkRt if we provided
modern protection at this crossing, the City would not impose a speed restriction
JA1YJARY 13TH, 1948.
on us. The signals were put in service in October and I was very much surprised
to learn that a speed restriction ~as placed on us in November. Atlantic Avenue
is the only heavily travelled thoroughly, re that crosses our tracks Mithin the
city limits and, since I have done what your people asked me to do to protect this
crossing, I do fee2 that ~e should be relieved of the restriction imposed in the
recent ordinance.
The next time I ~m in Florida I hope to see you personally. In the meantime
I Mill greatly appreciate your consideration inthis.
With kindest regards,
Sincerely yours~
(Signed) Jo R. Thorne
Assistant General ¥~nager."
Councilman DeWitt explained that after the Florida East Coast Railway Co.
installed traffic gates at the ~tlantic Avenue crossing of their tracks, and then
removed the watchman's tower, after promising to have the gates operated manually
during the daylight hour's, it was necessa~ to pass an ordi~ance limiting the speed
of all trains or automobiles to 15 mil~s per hour at all grade crossings, for tb.e
safety of the public. Since the F. E. C. Rai!~.~~ Co. has made no effort to comply
with the request of the City Council to put a watchmm~ on this crossing the Ordi
nance must still be enforced.
Upon motion of Councilman Kabler, seconded .by Counc~lnmn White, and unani-
mously carried, the City Manager was instructed to advise the Florida East Coast
Railway Co. to operate them manually during the daylight hours, as this crossing
is a definite hazard to the life and property of the City, a copy of his letter
tc be sent to Judge Louis Strong; Mr. Scott Loftin and Mr. John ~rtin, Trustees
of the Railway Co., at St. Augustine, and a copy to U. S. Senator Claude Pepper.
City ~nager Black asked the Council's wishes w~th reference to the future
operaticn of the U. S. O. Building, stating that definite arrangemmts should be
made for its use, the fees to be charged, the maintenance of the building, etc.
Councilman ~cMi!lan suggested that a janitor be employed by the City, and the
building be operated under the supervision of a Con~_ittee to be appointed by the
City Council, whose actions would be approved by the Cdty Council.
Councilman DeWitt stated that he felt that the use of the bttilding should be
granted only to non-profit organizations, not to be used for personal gain.
After discussion, the followingComm.~ttee was recommended by ~yor Brannon,
to serve as a Policy and Operating Com~dttee for the U_. S. O. Building, which would
be kno~.m in the future as the Community Civic Center ~uilding:
Rev. John R. Martin, Chairman
King S. Cone
Mrs. Everett Miller
¥~s. M. M. DeWitt
J. C. Keen, Jr.
John R. Tallentire, Alternate
JA~JARY I~TH, 19~.
In a motion made by Councilman ~cMi!lan, seconded by Councilman White,
unani~.ously carried, the appointment of the foregoing Committee, as recom~ended
by Mayor Brannon, was confirmed.
The request of Fire Chief Gregory for the use' of the Community Civic Center
Building every Saturday night, to hold dances for the benefit of the Volunteer
Ftremen's Fund, was referred to the Committee appointed to operate the building.
The appointment of the Plunbing Inspection Board, for the year 19%S, was
reco~ended by ~yor Brarn~on, as follow,s:
George Pinckney - Plumbing Inspector
John N. K~bler - Councilman
Lacy T. Love - Plumbing Contractor
Fred Beever - Plumbing Contractor
Gus A~derson - Journeyn~un Plumber
A motion was ma~e by Councilman Kabler, that the recommendation of Mayor
Brannon for the appointment of the Plumbing Inspection Board be approved. The
motion ~.~s seconded by Councilman ~cMillan, and upon cal~ of rol~. carried
unanimously.
Upon the reconnnendation of the City ~nager that Fire Chief John R. Gregory
be sent to a conference of Fire Chiefs to be held in Orlando, Florida, on Jan.
19th and 20th, a motion was made b~ Councilman Dek~itt, seconded by Co?~nci!man
White, that Fire Chief Gregory attend this conference at City expense, not to
exceed $ 50.00. Upon call of rol~ the motion carried unanimously.
In a motio~ by Councilman DeWitt, seconded by CounciLman Kabler, unanimous-
ly carried, the appointment of Mrs. Alice Deaderlck as Secretary to the City
Manager, was confirmed.
Upon the recommendation of City ~nager Black, the appointment of~Mr. T.
H. Popp, as Building Inspector, at a salary of $1~5.00 per month, ~as confirmed
by the Council in a motion made by Councilman DeWitt, seconded by ~ounc~!man
White, and unanimously carried.
Upon motion of Councilman Kabler, seconded by Councilman Mac Millan,
unanimously carried, the recommendation of May or Brannon that the salar~ of
George F. Pinckney, Plumbing Inspector, be raised to $175.00 per month was
approved, it beingunderstood that bot?, the Building and Plumbing Inspectors
wou!~d give their full time to their respective positions if necessary.
City Manager Black was instructed to prepare a schedLule of a better basis
for figuring Building Permit fees for the consideration of the Council at
their next meeting.
City Manager Black then recommended that the maintenance of the Cemetery
be assumed by the Park Department crew, and that the Cemetery custodian be
discharged, explaining that he believed the cemetery could be maintained in
JANU~RY 13TH, 1948
better condition at about $375.00 a year, whereas it is now costing the City
$1200. OO a year.
After discussion a motion was made by Cotmci!man MacMiS. lan, seconded by
Councilman DeWitt, that the recommendation of the City Manager be accepted, and
that a patrolman be instructed to include this territory in his nightly rounds.
Upon call of roll the motion carried unanimously.
City Manager Black advised the Council that there seemed to be some ques-
tion as to the requirements of the City for the construction of a concrete curb
on each side of new Streets being built by developers before they are turned
over to the City.
With reference to the request of Mr. Matt G~acey, that he be relieved from
going to the expense of building curbs in his suBdivisdon "The Grove", the fact
was brought out that Mr. Gracey had entered into an agreement with the City
that the Street would be built to a width of 24' and concrete c~bs constructed,
from N. Swinton Avenue to N. W. 2nd Avenue.
Upon recommendation of Mayor Brannon, the appointment of the following Finance
Committee for the current year was confirmed:
M. M. DeWitt, Chairman
C. J. White
John N. Kabler, Jr.
City Manager Black advised the Council that he had an oppor~unity to purchase
a 3000 Watt electric plant from Morrison Field, for the use of the Police and Fire
Departments in case of an emergency, if the power fails. The cost would be $60.00,
or approximately 1/2 of the price they could get on a salvage sale, for the power
plant. It is equipped with a two-cylinder gas engine, and should last at least
fifteen years with reasonable care.
A motion was made by Councilman DeWitt, seconded~ by Councilman Mac Millan,
that Mr. Black be instructed to purchase this equipment for the City at a price of
$60.00. Upon call of roll the motion carried unanimously.
With reference to the request of Mr. Stewart, Manager of the Municipal Golf
Club, theft he be granted a license to sell beer at the Club House gratis, no ac-
tion was taken ~T the Council.
City Manager Black was authorized to obtain the price of a new Pontiac Sedan
from Stewart Pontiac in k~est Palm Beach, and also from local automobile dealers,
as well as the trade-in allowance on the 1942 Pontiac provided for his use.
With reference to the fee provided in License Ordinance No. G-11 for car
rental lots, Mayor Brannon stated theft two operators of this class of business
had approached him complaining that they were required to pay an excessive license,
and private individuals were renting their cars in competition to the dealers,
without p~ying a license. They suggested that a flat fee of $150.00 be charged
for eac~ business, regardless of the number of cars being rented.
It ~,as the consensus of opinion of the Council that this would be unfair,
as the dealer with only five or six cars would be required to pay the same
license fee as the one renting thirty or more cars. No action ~Rs taken on the
request.
JANUARY 13TH, 1948.
A form of application for filing Personal Property returns was submitted by Mr.
A. L. Greenwood, Tax Assessor, for the approval of the Council, who stated t~t the
City was now using forms furnished by the County Assessor's Office, which caused a
~reat deal of confusion.
Mr. Greenwood was authorized to have these application forms printed, after
being approved by the City Attorney.
A letter from Mr. Frank ~. Gracey, declining to serve as a member of the Zon-
Lng Board was read, whereupon ~yor Brannon recommended thRt M~ss Lucille Nichols
be appointed to fill this vacancy on the Zoning Board, for a period of three years.
A motion was made by Councilman DeWitt, seconded by Councilman White, that
the recommendation of Mayor Brannon be confirmed, and upon call of roll the motion
carried, Councilme~ DeWitt, MacMillan and White voting in favor of the motion, and
Councilman Kabler voting against the appointment.
A request for a street light, filed by residents in the vicinity of Thomas
Street and AndreMs Avenue, was referred to the City Manager for investigation, who
was also instrocted to contact t~e Florida Power & Light Co. if ~'constdered the
light was needed.
Bills totaling $25,271.15 were approved for pay~..ent, subject to the approval
of the Finance Committee.
City Clerk
APPROVED: