01-28-49SpMtg J~NUARY 28TH, 1948.
Upon call of the Mayor a Special Meeting of the City Council of the City of
Delray Beach was held in the Council Chslabers at 2:00 P. M. to consider an agree-
ment made between the City of Delray Beach and },~r. Matt Gracey with reference to
the paving of streets through his Subdivision "The Grove", and for any other nec-
essary business, with M~yor L. ~. Brannon in the Chair, and City Manager Charles
E. Black, City Attorney John Moore, and the following Councilmen present: M.M.
DeWitt, John N. Kabler, Neil E. MacMillan and C. J. White, a quorum being present.
A letter fron the Soroptimist Club of the Palm Beachs was read, as follows:
"SOROPTIMIST CLUB OF T~ PA~ BF~CHES West Palm Beach, ~'lorfda
Honorable Mayor,
Delray Beach, Fla.
Dear Sir:
The Soroptimist Club of the Pah Beaches has entered into a contract with the Ford
Gum Vending Machine Co. for the operation of ~ vending machines in support of its
fund for care and treatment of Palm Beach County cancer sufferers. As the entire
proceeds the Club receives from the operation of these machines are used for chari-
table purposes, we earnestly request that on any machines we place in Delray Beach,
Fla., we be exe~oted from al! license fees.
The City of Yest Palm Beach has extended us this courtesy, and we have already
placed appro×imate!y 400 machines here, from which we are receiving a substantial
profit and have been able to assist several cancer sufferers who could not have
otherwise had the necessary treatments.
Thardcing you iu advance for your favorable consideration, I am -
Yours very truly,
(Signe~ Jimmie R. Gardner
President
SOROPTIMIST CLUB OF THE PAl24 BEACHES"
Mayor Brannon stated that while these gum vending machines wo~ld be in compe-
tition with merchants selling g~un, he felt that it was for a worthy cause, where-
upon a motion was made by Councilman MacMillan, seconded ~ Councilman DeWitt,
that this Company be permitted to operate o~om vending machines without a license,
in the City of Delray Beach. Upon call of roll the motion carried unanimously.
With reference to the agreement between the City and Mr. Matt Gracey, which was
brought before the Council at the previous meeting, City Manager Black advised the
Council theft Mr. F. J. Schrader had been per~dtted to build a 22' street through
his new Subdivision "High Acres", without concrete curbs, according to an amend-
ment to the Street Specifications Ordinance which was passed since this agreement
was made with Mr. Gracey. Therefore it was the consensus of opinion of the Council
that Mr. Gracey should be relieved of complying with the terms of the agreement, and
the bond in the amount of ~1,OO0.O0 which he posted should be ret'~rned.
JA NU~_RY 28TH,
A motion was made by Counci]~nan De;Jitt tb~t the $1~0OO.OO bond posted ~ Mr.
Cracey on ~pril 15th, 19%6 be ret~ned to him, and the~ foregoing a~eement c~celled.
ihe motion ~s seconded ~ CoerciOn ~ite, and upon call of roil carried ~smi-
· ously.
~ ~. Jack D. Ledbetter, representin~ property o~ers on South Ocean Bo~e~rd
~nd south of the City limits, ad~essed the Co~cil, ~s~in~ pe~ssion to erect a
si~ on the North ~ederal Highway, just south of 7th Street, to direct traffic east
oa Atlantic ~venue to Ocean Bo~evard, in view of the f~ct that the Boulevard had
b~en closed for repairs after the b~ricane and ~ny people did not ~now that it ~.~as
no~ open to traffic, st~ting that this was causing a hardship to businass concerns,
cad a~rtment and hotel ~n~rs on the Beach.
~. ~dbetter stated that the si~ would be 8' x 16', constructed of pl~o~
i:~ two sections and bolted to,ether to stand, ds, and would read "Scenic Ocean Rout~
T'~ left at 2nd stop light"~ and would be sponsored by the Jr. Chamber of Co~erce.
A motion wss made by Counci~n ~,~cMiltan, seconded by Councilman l,~ite, that a
permit be ~anted to the Jr. Chamber of Co~erce to erect such a sign as outlined by
M~~. ~dbetter, and upon ~11 of roll the motion carried ~animous~.
A motion was then made ~ Co, clan '~ite, seconded by Cocci!mn DeWitt~
animously carried~ that the City Manager be instracted to have a si~ desired and
constructed to place ~der the stop light at the Atlantic &venue crossing of the
F~deral Highway~ if practical~ to direct traffic east and west to the business
sections of the City.
Cdty Mmnager Black advised the Co,oil th.~t he had received word that steel for
the 500,0~ gallon ~ater storage ta~< would be moving in ten days, and ~ erection
crew wo~d be here soon after the 1st of M~rch. In the meant~e the fo~dations
wo~d have to be constructed in order not to hold up installation of the ~.
Mr. Black also stated that if the fo~dations are not ready by ~rch 1st, the
City must ~y $1~000.00 additional to the R. D. Cole ~act-~ing Co.~ the Con-
tr:~ctors installing the t~k. Mr. Black thought that if cont~'ac~ could be awarded
iH~uediatel~~, it would be possdb!e to have the foundation ready by }~rch tst~ stat-
i~.g that specifications had been ~'nished t~ee concerns, and reco~mending t~t
bids be formally opened and contract a¢~mrded on January 30th. Work could be completed
in~. twenty days, or by Febr~ry 20th, which world allow one week for the concrete to
thoroughly ~.
A motion was made by Co,clan Wh~te, seconded by CotmcJ~K~ DeWitt, that the
City ~.~ger's reconLmendation be accepted, and that he be instructed to f~nish co~-
tractors with requests for bids tc be accepted not later th~ Friday~ J~ua~- 30th
at 4 P. M.~ work to be started on FebrL~' 2nd, and to be completed by Februa~, 20th,
or the Contractor to be penalized at the rate of ~lCO.0~, per day. Upon call of ro~
the motion carried ~an~ously.
~. Black then advised the Cocci! tb~t the R.. D. Cole ~'acturing Co. were
'taking advantage of the escolator clause in their contract, which would mean an in-
crease in the cost of the storage tank of $3~800.O0, or a total cost of
stating t~at t]~e City world have to a~ee to this or cancel their contract.
A motior~ was made b? Co~ci~.n Del~Htt, seconded by Co~ciL¢~n MacMillan, that
the escolator clause be accepted by the Co, oil, as e~lained ~' the City :'~ger~
and upon ca!].~ of roil the motion carried Lmanimous!y.
JAh~V~RY 28TH, 1948.
With reference tc the offer of ±be Ki~un_~s Club to lease Lots 20 - 24, inc!usi~'e,
Block 51, to the CART, a motion was r~de by Cotmci!mm.r l~cMi!!an, seconded by Co~c~ !-
~n '~itc, th~.t the City accept, t~is offer of the K~nls C!ub~ and tho City in
~o year lease ~ith the restrictdon that the l~od bc used for clyde or
grant then a
charitable p~'poses only, if and when it is ~sed. If they decide, for any reason,
abandon t~e property, the lease will terminate. Upon call of roll the motion cartload
~m~imcusly.
Attorney Rhea k~i%ley, representing the Ki~.m~nis Club~ and City Attorney Moore
were reo2_~ested to work ou~ the legal phases of the transactien.
Mm. C. !. Beals, Chief Operating Cfficer of the Florida East Coast Rai!~m? Co~-
pany~ Mr. John H. W ah!~ Jr., Attorney for the Florida East Coast Rai!~ay Company~
.W[r. Fra~.~ Hanna, Local Trainmaster, and several other officials of the railroad we~,~
present to discuss with the Cermet! the control of traffic at the Atlantic Avenue
crossing cf their tracks.
Mr, _heals addressed the Cotmci!, emphasizing the fact that the Florida East
Coast Railw~ay Co. had tried to ~:ork with t?~e different Copnci!s at different times
with the idea of giving t~e City t~e best crossing protection possible. Several
types cf gates had been tried until automatically controlled gates with flash sig-
nals and bells csaue into existence. The installation of this type of gate was dis-
cussed with the Cotmci!~ and the .~:ajority of the members were agreeable. The war
c--mine and no equipment was available, but Mr. Beals ~s given the assurance of the
- Council that this type of equipment would be most suitable for this crossing.
These gates were installed as soon after the war as equipment could be obtained,
and then the Council requested manu~.l!y operated gates.
~'. Beals stated th~'~.t in the installation of the gates a defect ocean-red that
they had never experienced before, which prevented the gates from functioning prop-.
erly. T>~at defect was corrected as soon as it was discovered, and another defect
f6und ~y a rail detect6r, which ]~ept the gates from operating properly, had also
been corrected, so thst today the gates are in perfect condition and funct~_oning as
they should.
Mr. Beale explained that one of the reasons the City is not getting better per-
fornance cut of the ~+=~ is because of the speed restrictions, that if trains wer,~
allowed to go through the tm,m at normal speed they wouldn't delay traffic. If a
train stays in the station the Engineer is instructed to stop back a certain dis-
tance to allow the gates to raise.
Mr. Beals also stated that these same gates are being used all over the coun-
try and are considered the best possible protection available, thzt this is the only
City that has criticized their operation, tie could not justify automatic gates an:~
~nua! operation, stating that it is unreasonable to request it. The gates were in-
stalled at a cost of $10,000.00 - $12,000.00, they work day and night in all kinds
of weather, and Mr. Beale asked for an opportunity to demonstrate what they can do
by lift~ng the speed limits.
A copy of a survey made at this crossing on January 22nd, over a twelve hour
period, ~ms presented to the Council~ which slarvey showed that the gates ~.~ere work-
lng perfectly and there were no defects. Mr. Bea~ls considered the Ordinance tunrea-
sonable, but agreed to live up to it while it is in force.
When asked if he thought there was a chance to get manual control at this cross-
ing, Mr. Beals stated that he could not recommend to the Trustees of the railroad
that this crossing be manually operated, that there was no justification for both
automatic and manual control, and that the most modern and best automatic equipment
J~NUAR¥ 28TH, 1948.
possible to obtain had been installed at this location. This is considered the super-
~or of the two methods of operation, and he felt sore that no Court would believe
~hat reasonable protection had not been provided here. It could be proved that these
gates are regarded as the highest %~e of protec+~ion.
Councilman White complained of the excessive blcwi~g of whistles, especially dur-
ing the night, and Mr. Beals promised to check into this and have unnecessary whist-
ling stopped.
After consideration ~ the Council, a motion ~as made by Councilman MacMillan,
that in view of the fact that Mr. Beals had promised to cooperate fully with the City
Council to control the unnecessary whistling of trains going through the City, that
an emergency Ordinance be passed to amend the Ordinance under which the railroads are
now operating, to allow the follo~ing rates of speed:
From the North City limits to N.E. 2nd St - ~5 miles per ho~.
From N. E. 2nd St. to S. E. 2nd St. - 25 miles per
Frcm S. E. 2nd St.. to the South City limits-~5 miles per hour.
The motion was seconded by Counci]3nan '~&ite, and upon call of roll carried unan-
imously.
The following Ordinance was then presented for first and final reading, as an
emergen~~ measure:
"ORDINANCE NO. G-38
AN EMERGENCY ORDINANCE OF THE CITY COIINCIL OF THE CITY OF DELRAY B~CH, FLORIDA,
AMENDING SECTIONS 57,A A.~q) 57+B, OF CHAPTER XVII OF THE CI~7 CODE OF TF2~ CITY. OF
DEIiL~Y BEACH, FLORIDA, _~GUL~TING TI~ SPEED OF MOTOR V~ZICLES AND LOCOMOTIIrES,
TRAINS, C~%RS OR OTHER V~ICLES OPEP~.iTED UPON Ri. ILS AT ALL PLACES IN TP3~ CITY OF
DEIPAY BF~CB W~E A PUBLIC STRFST CROSSES .~_NY RAILRO~D TB~.CK.
BE IT ORDAINED BY THE ~ TY COUNCII OF THE CI~ OF DELqAY BW~"~CH, FLORIDA, AS
SECTION 1. That Sections 5Z~ and 54B of Chapter XVII of the City Code of the
City of Delray Beach, Florida, be and the same are hereby amended to read as fo!lo%~,
to-wit:
"Section 5ZA - That no person, firm or corporation shall operate a motor
Vehicle at a greater speed than 35 miles per hour, and in the aZea between N.E.
2nd Street and $. E. 2nd Street, at a greater speed than 25 miles per hour, in
the City of De!ray Beach, Florida, at any place where apublic thoroughfare
crosses a railroad track."
"Section 54B - No person, firm or corporation shall operate a locomotive,
train, car or other vehicle operated upon rails at a speed greater than 35 miles
per hour, and in the area between N. E. 2nd Street and S. E. 2nd Street, at a
greater speed then 25 miles per hot, r, in the City of De!ray Beach, Florida, at
any place where a railroad track crosses a public thoroughfare."
SECTION 2. This Ordinance shall become a part of the City Code of the City of
£elray Beach, Florida, and shall become Sections 54A and 54B of C~pter XVII of
said Code.
JA~RY 2~TH, !94~.
SECTION 3. This is an emergency Ordinance necessary for the preservation of
public peace ~nd health and for the operation of the City of De]may Beach, Florida,
and shall become effective im~,ediately upon its passage on first reading.
PASSED on first and final reading on this the 28th day of January, A.D., 1948.
(Signed) L, H, Brannon
· President of City Council
A PPR OI~'D:
. (Signed) L. H. Brannon
Mayor
ATTEST:
(Si~ned) Ruth R, Smith
City Clerk "
A motion was made ~ Councilman White, seconded by Councilman DeMitt, that the
foregoing Ordin~uce No. G-38 be passed and adopted as read, as an emergency measure
to become effective im~ed~ately, and upo~ call of roll the motio~ carried unanimously.
Three applications for the position of Superintendent of Public ~orks were read
as fol!~,s:
"Delray Beach, Florida
January 2nd, 1948
City of Delray Be~ch
n~ .... Beach, Florida.
I wish to ms/~e application for the position of Street Superintendent and wil] be
glad to furnish a~, inform~.tion desired regarding my qualific~.tions.
Yours ve~ truly,
(Si~ned) Lracc Mebb
WACO !JEBB"
"Delray Beat_b, Florida
December 30, 1947
City Co,moil
Delray Beach, Florida
Gentlemen:
I hereby m~e applic?~tion for City Superintendent. Some of my past exper-
iences are as fol!c~,s:
Graduate of Messies Business Burea, Jacksonville, Florida
Worked at office wor~ over a year ~]t ~ms compelled to do outside work.
%~orked ~.~.th Jo~na's Construction Company, Tampa, Panama City, and Pensacole,
Florida, on sewer and water lines.
JA~I!R% 28TH, !9~8.
Was over a year on ros. d work and Bridges.
Was at Boca Raton Fi. eld about a ye~.r on road work.
I was your Superintendent here until January han~l~n~ your streets, sewers,
~ater lines, parks, and also took c~re of time and the paying of colored help.
Yo~tr consideration ~ril] be appreciated.
Yo~u~s very truly,
(Signed) Wilson Harvel"
"Jan. 8 48
To the Honorable City Co~mJssion of
Delray Beach
S irs
I wnu!d at this time like to make application for the position of Sup. Public
Works, I have had ~.bout 30 years experience in this line of wor]~ at Boynton Beach,
Fla.
Yours,
(Signed) i. ~. Cook"
City $4anager Black recommended the appointment of Mr. A. ~. Cook to fill this
position at a salarT~ of $250.00 per month, stating theft he believed this increase
over the present salary paid for the position could bo saved by increasing effi-
ciency in this Department.
In view of the fact that under the present budget, no Department Heads are
paid over ~235.00 a month, a motion w~s made by Councilman DeYitt, seconded by
Counc~!m~n K~bler, that the recommendp~tion of the City Mm~nager th~.t Mr. A. R. Cook
be appointed as Superin~endent of Public Works, be approved, at a salary of $235.00
per month. Upon call of roll themotion carried unanimously.
City Manager Black advised the Counc~.l that he had obtained a delive~ price
of $1,560.00 for a new 1947 Plymouth from Joe Rose Motors, with an allowance of
$160.00 for the 1942 Pontiac car formerly used by the City ~nager, which the above
dealer cousidered junk, also stating t~t Stewart-Pontiac of l. Yest Palm Beach had offered
an allowance of ~200.00 for the Pontiac, but were unable to deliver a new car at the
present time.
After consideration of the need of a car for use of the City l~hnager i~nediately,
a motion ,~.s made by Councilman DeWitt, seconded by Co,mucilman Kabler, that the City
purchase this new 1947 Pl~nnouth from Joe Rose Motors at a price of $1,560.00 with
an allowance of $160.00 for the 1942 Pontiac, or a net cash of $1,400.00 delivered.
Upon call of roll the motion carried unanimously.
Bills totaling $3,633.69 were approved for payment, subject to the approval of
the Finance Committee.
Council then adjourned.
APPROVED: City Clerk